Madras High Court
B.Nagesh vs The Deputy General Manager(B & O) on 25 November, 2021
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.(MD) No.9271 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.11.2021
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.9271 of 2018
B.Nagesh .. Petitioner
Vs.
1.The Deputy General Manager(B & O),
State Bank of India,
Administrative Unit,
No.2, Dr. Ambedhkar Road,
Madurai-625 002.
2.The Regional Manager,
Regional Business Office II,
Beach Road,
Tuticorin-1.
3.The Chief Manager,
State Bank of India,
Old Trunk Road,
Sattur-626 203. .... Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India,
to issue a Writ of Mandamus, directing the respondents to pass
appropriate orders under Clause 20.2(vi) and 20.2(vii) of transfer policy
_____________
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.9271 of 2018
and redeployment of staff for transfer from State Bank of India, Sattur
Branch to State Bank of India, Virudhunagar Branch by considering the
petitioner's representation dated 27.08.2017.
For Petitioner : Mr.K.Balasubramani
For Respondents : Mr.V.P.Rajan, for RR3
ORDER
Heard Mr.K.Balasubramani, learned counsel for the petitioner and Mr.V.P.Rajan, learned counsel appearing for the third respondent.
2.The petitioner, who is presently employed with the State Bank of India, Sattur Branch, seeks a Mandamus, directing the respondents to pass appropriate orders under Clause 20.2(vi) and 20.2(vii) of transfer policy and redeployment of staff for transferring from the State Bank of India, Sattur Branch to State Bank of India, Virudhunagar Branch, by considering his representation dated 27.08.2017.
3.The learned counsel for the third respondent/Bank has filed a counter affidavit and would submit that the petitioner is due to retire _____________ Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9271 of 2018 from service in March 2022 and thus the policy of the Branch does not provide for transfer, in such circumstances.
4.That apart, he would also bring to my attention to prior litigation initiated by the petitioner questing an earlier transfer.
According to him, during the pendency of the earlier litigation, the petitioner's request for transfer from Parthibanur to Virudhunagar has been considered and the petitioner accommodated at Sattur, which is only 15 kilometers away from the preferred location.
5.Though, the above submissions are recorded, transfers and redeployment is entirely within the domain of the Bank and thus, at the highest, what the petitioner is entitled to, is to a disposal of his representation dated 27.08.2017, for which a direction can and is, issued to the third respondent.
6.Let the above representation be disposed by the third respondent after hearing the petitioner within a period of four weeks from today, inline with the applicable transfer policy, Rules and _____________ Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9271 of 2018 Regulations.
7. The Writ Petition is disposed accordingly. No costs.
25.11.2021 Index: Yes/No Internet: Yes dn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Deputy General Manager(B & O), State Bank of India, Administrative Unit, No.2, Dr. Ambedhkar Road, Madurai-625 002.
2.The Regional Manager, Regional Business Office II, Beach Road, Tuticorin-1.
_____________ Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9271 of 2018
3.The Chief Manager, State Bank of India, Old Trunk Road, Sattur-626 203.
_____________ Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9271 of 2018 DR.ANITA SUMANTH, J.
dn W.P.(MD)No.9271 of 2018 25.11.2021 _____________ Page No.6 of 6 https://www.mhc.tn.gov.in/judis