Suresh Puri v. State Bank of Travancore and Anr

1. The petitioner has filed the present petition praying inter alia for quashing the transfer order dated 25.09.2014 issued by the respondents/Bank, transferring him to Kadakkavoor, Kerala. He further seeks directions to the respondents/Bank to transfer him to any of its branches in or around NCT of Delhi, on the ground that his father, who is aged 84 years, has a number of health issues, and for this reason his presence in Delhi is essential.

2. When the matter was listed for admission on 09.12.2014, learned counsel for the petitioner was directed to file a brief affidavit, placing on 2014:DHC:7365 record the details of the petitioner’s family members, including his siblings/extended family in Delhi and their vocation. In the meantime, counsel for the respondents/Bank was also directed to obtain instructions.

3. Affidavits have now been filed by the petitioner and the respondents/Bank.

4. In the course of arguments, learned counsel for the petitioner states that as the respondents/Bank has taken a stand in its affidavit that the petitioner would not be considered for promotion until he completes the prescribed period of minimum three years of service in the grade applicable to him, by rendering service in a rural or semiurban branch in terms of the Circular dated 04.09.2012, the petitioner is willing to accept the transfer order and report for duty to the Kadakkavoor Branch in the State of Kerala. He further states that out of the mandatory three years’ rural/semi-urban posting, the petitioner has already completed five months, which is an undisputed position but having regard to the health condition of his father, the respondents/Bank may be directed to post the petitioner in a rural/semi-urban posting in the Northern Zone, as and when a vacancy arises.

5. Learned counsel for the respondents states that if the petitioner makes such a request, the Bank will take a view depending on the administrative exigencies and the vacancy position at that time.

6. In view of the aforesaid submission made by the counsels for the parties, the present petition is disposed of with liberty granted to the petitioner to approach the respondents/Bank with a request for assigning him rural/semi-urban posting in the Northern Zone as and when a vacancy arises. If such a request is made by the petitioner, the same shall be considered by the respondents/Bank in accordance with law and subject to availability of vacancies.

7. The petition is disposed of alongwith the pending application. (HIMA KOHLI) DECEMBER 23, 2014 JUDGE rkb