RAJASHEKARAN R Vs. ALLAHABAD BANK

JUDGEMENT

(1.) THE petitioners are Junior Management Scale-I Officers in Allahabad Bank. They were working in Subhashnagar Branch, Bangalore and Palya Branch, Hassan District. The places where petitioners were working, i. e. , State of Karnataka fall within the Hyderabad Region. By letters dated September 25, 1999 [annexures A and B], petitioners were transferred under swap Scheme, to Ahmedabad Region and they have been informed that they will stand automatically relieved as at the close of Office hours on October 16, 1999. They were directed to report at Ahmedabad Regional Office for further posting orders after availing the usual joining time. Petitioners are aggrieved by the said transfers.

(2.) THE petitioners do not dispute the right of the Bank Management to transfer them any where in india. Nor do they dispute that transfer is an incidence of Service. Petitioners do not also impute any mala fides to the Management in transferring them, but they contend that the transfer is arbitrary for three reasons. Firstly, it is contended that their transfers violate the transfer policy of the Bank. Secondly, it is contended that they will be put to hardship as the transfer is during middle of the academic year. Thirdly, it is contended that the transfers on SWAP basis is arbitrary and irrational and punitive in nature.

(3.) THE respondents have contended that as per the guidelines contained in Circular No. 5760 dated August 20, 1998, SWAP transfers mean transfer of officers by exchange of persons working outside parent zone and persons working in the parent zone in order to provide opportunity to those who are working continuously in other regions/zones and who face personal hardship, to work in their parent zone. Normally, persons working longest in the parent zone will have to move first to outside the parent region/zone for the SWAP exercise transfers.