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Himachal Pradesh High Court

State Bank Of India vs General Manager on 6 January, 2022

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                ON THE 6th DAY OF JANUARY, 2022




                                                      .
                            BEFORE





           HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,

                        CHIEF JUSTICE





                               &

          HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





                CIVIL WRIT PETITION No. 5 of 2022

          Between:

          KIRPA RAM SHARMA,

          S/O LATE SH. NANDU RAM,
          R/O VILL. ALSU,
          P.O. DEHAR,


          TEHSIL SUNDERNAGAR,
          DISTRICT MANDI, H.P.,
          AGE ABOUT 56 YEARS,




          PRESENTLY WORKING AS
          ARMED GUARD IN





          STATE BANK OF INDIA,
          DALHOUSIE,
          DISTRICT CHAMBA, H.P.





                                               ...PETITIONER

          (BY MR. DURGA SINGH
          KAINTHLA, ADVOCATE)

          AND

     1.   GENERAL MANAGER,
          STATE BANK OF INDIA,
          ZONAL OFFICE
          KASUMPTI, SHIMLA­9.




                                     ::: Downloaded on - 31/01/2022 23:34:02 :::CIS
                                    2


    2.    REGIONAL MANAGER,
          STATE BANK OF INDIA,
          REGIONAL BUSINESS OFFICE,




                                                           .
          FIIM HAMIRPUR,





          1st FLOOR,
          GURULUL MALL
          GANDHI CHOWK,





          HAMIRPUR, H.P.

    3.    MANAGER, STATE
          BANK OF INDIA,





          BRANCH DALHOUSIE,
          DISTRICT CHAMBA, H.P.

                                                     ...RESPONDENTS


             This Civil Writ Petition coming on for admission this

    day, Hon'ble Mr. Justice Mohammad Rafiq, passed the



    following:
                                ORDER

This writ petition has been filed by petitioner­Kirpa Ram Sharma, who is working with the respondent­State Bank of India as Armed Guard and presently posted at Dalhousie in District Chamba.

2. The petitioner was engaged as Armed Guard being an Ex­serviceman, who had earlier served in Indian Army for 24 years, after his retirement in the year 2010. It is contended that the petitioner was posted at Dalhousie Branch on 5th February, ::: Downloaded on - 31/01/2022 23:34:02 :::CIS 3 2011 and since then, he is continuously working there, which is a snow bound area/cold zone of District Chamba. The Bank is .

located at a height of about more than 7000 feet from the sea level and the native place of the petitioner is more than 300 kms. from the present place of posting.

3. The learned counsel for the petitioner has invited attention of the Court towards the general transfer policy of the respondent­Bank, which has been published vide e­circular dated 2nd May, 2016. As per Clause 10 (n) of the said policy, an employee, who is redeployed under the policy, will be transferred to a centre of his/her preference including previous centre of posting on completion of his/her tenure subject to availability of vacancy or against a vacancy that may arise due to redeployment of a fresh employee as per the policy and replacement being made available to the branch/office of his/her present posting by redeployment/transfer, which request can be made after one year of completion of stay, if the transfer is to a difficult centre and after completion of three years of stay, if the transfer is to other centres.

4. The learned counsel for the petitioner has submitted that the petitioner has submitted representations to the Regional .

Manager of the respondent­Bank, i.e. respondent No. 2, through the Branch Manager on different dates, i.e. 5 th June, 2017; 11th May, 2018; 18th December, 2019; 27th July, 2020 and lastly on 11th August, 2021. All the representations have been forwarded by the Branch Manager to the Regional Manager, but, so far, no decision has been taken on the same.

5. Having regard to the submissions and taking into consideration the fact that the petitioner has already completed almost ten years of stay at Dalhousie, which is a snow bound area and as per the policy of the respondent­Bank, the case of the petitioner is liable to be considered for his transfer to any other place, we dispose of this writ petition directing the Regional Manager of the State Bank of India, Hamirpur, to consider the representation of the petitioner for his transfer to any of the stations out of the three stations of choice given by him and pass appropriate orders within a period of fifteen days from the date a copy of this order is produced before him.

6. Pending miscellaneous applications, if any, are also disposed of accordingly.

.

( Mohammad Rafiq ) Chief Justice ( Jyotsna Rewal Dua ) Judge January 06, 2022 ( rajni ) ::: Downloaded on - 31/01/2022 23:34:02 :::CIS