Allahabad High Court
Lt. Cdr. Shailendra Yadav vs The Bank Of Baroda Corporate Office ... on 23 December, 2022
Author: Rajnish Kumar
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 5 Case :- WRIT - A No. - 8572 of 2022 Petitioner :- Lt. Cdr. Shailendra Yadav Respondent :- The Bank Of Baroda Corporate Office Thru. Its Managing Director And Others Counsel for Petitioner :- Dr. V.K. Singh,Bipul Kumar Singh Counsel for Respondent :- Prashant Kumar Srivastava Hon'ble Rajnish Kumar,J.
Heard Dr. V.K.Singh, learned counsel for the petitioner and Sri Anand Kumar Singh, learned counsel for the respondents.
This Court had passed the following order on 20.12.2022:-
"Dr. V.K. Singh, learned counsel for the petitioner submits that the petitioner is working as Security Officer/MMG/S-3 in Ayodhya region. The petitioner has been transferred by means of the order dated 17.08.2022 to Zonal Office, Mumbai. The petitioner preferred a representation on 19.08.2022 on two grounds, first of which is that the mother of the petitioner Satya Devi @ Shanti Devi aged about 78 years is suffering from osteoporosis with stooped spine with very high risk of fracture and Acute depression annexing the medical documents. He further submits that the doctor of the bank has also given certificate that the condition of the mother of the petitioner is life threatening and she is bedridden. The petitioner is the only son of his mother and the father has already left for heavenly abode therefore there is nobody to look after her at this stage. The second ground taken by the petitioner is that the son of the petitioner is studying in high school in C.M.S., Gomti Nagar, Lucknow, who will complete the same in 2023.
Submission is that the request of the petitioner is liable to be considered under the circular dated 31.12.2020, which provides that the bank may consider the request of transfer twice in the entire career and the change of zone shall be reckoned for being counted under the said clause but without assigning any reason the request of the petitioner has been rejected and communicated by means of the communication dated 23.11.2022 received by the petitioner on 06.12.2022. Perusal of the same indicates that no reasons has been assigned considering the representation of the petitioner.
Shri Anand Kumar Singh, Advocate, who has put in appearance for respondents, prays for three days' time to seek instructions in the matter.
List on 23.12.2022 in top ten cases.
Till the next date of listing the status quo as it exists today shall be maintained by the parties."
Learned counsel for the respondents, on the basis of instructions, submits that since the petitioner is a Specialist Officer therefore in terms of the Transfer Policy, he can be deployed anwhwere in India depending upon the Bank requirements. In regard to the Specialist Officers, inter-zonal transfers can be made depending upon the requirements. The petitioner has already completed six years in Lucknow Zone therefore he cannot be retained in Lucknow Zone. However, he submits that in case a direction is issued, the prayer of the petitioner for transfer to a nearby zone may be considered by the competent authority in accordance with law.
On the other hand, learned counsel for the petitioner submits that paragraph 8.8 of the Transfer Policy is in regard to the officers which includes the Specialist Officers and the petitioner can be transferred to a nearby zone so that he may look after his ailing mother and his son may also complete his high school. He also submits that the post of Specialist Officers is vacant in the Bareily and Delhi zone.
In view of above, liberty is granted to the petitioner to make a fresh representation for nearby zone which shall be considered by the competent authority of the respondents.
In case any such representation is made within a period of three days from today, the same shall be considered by the competent authority by passing a reasoned and speaking order considering the ailment of the mother of the petitioner as well as report of the doctor of the Bank within a period of ten days thereafter.
The writ petition is disposed of in the aforesaid terms.
Till disposal of representation or a period of 15 days from today, whichever is earlier, the status quo granted by this Court shall continue.
Order Date :- 23.12.2022 Akanksha