VELAPPAN S Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this writ petition praying to issue a writ of mandamus directing the respondents to promote the petitioner as cashier with effects from the date on which the other sub-staff were promoted on the basis of the interview held on October 26, 1987 and pay the arrears to the petitioner and award costs.

(2.) IN the affidavit filed in support of the writ petition, the writ-petitioner would narrate his case stating that he joined the respondent/bank as messenger in June 1970 and he was confirmed in service in January 1978 ; and presently he is working as Daftry in the Nagercoil Branch of the respondent/bank; that in February 1987 the respondent/bank conducted promotional tests for the sub-staff employees for being promoted as record keeer, godown keeper, bill collector and cashier; that he participated in the test and came out successful; that in October 1987, he was called for the interview and in July 1988, the list of candidates selected in the interview was published wherein his name was shown in serial No. 109.

(3.) THE further case of the petitioner is that while so, he was given to understand that only after medical test, promotions would be given and he was sent for medical test to bank's doctor, but after examining him the bank's doctor did not give any opinion; that thereafter in December 1988 he was advised by the bank to appear before one Cardiologist, viz. Dr. S. Anilraj for checkup, who after examining him gave his opinion that there is no evidence of pulmonary hypertension; that while the petitioner was waiting for the order of promotion, to his dismay, he received a letter, dated October 3, 1991 stating that the Bank's Cardiologist of the Central Office of the respondent/bank has given his opinion, without physically examining him, that he must undergo heart surgery immediately and only after that he could be promoted and he is not fit for promotion till such time.