BHAGYASHREE BHIMRAO MESHRAM Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Petitioner has filed this writ petition seeking following reliefs.

(2.) Petitioner is an employee of respondent-Bank and at present is posted in State Bank of India, Branch Rajhara, Balod (Respondent No. 3) as Junior Associate (CS&S). Petitioner was appointed on 13/1/2020 and thereafter she got married on 7/1/2022. Petitioner submitted an application before the Circle Head, State Bank of India, Bhopal on 21/1/2022 requesting for her transfer on compassionate ground ie., marriage and to cater the responsibilities towards her husband and in-laws. The application/ request for her transfer was rejected vide Annexure P-1 dtd. 31/1/2022 on the ground that "There is no provision for Inter-Circle Transfer/ Inter- State Transfer for Junior Associate to be recruited." Rejection of request/ application for her transfer made the petitioner to file this writ petition.

(3.) Learned Sr. Counsel for petitioner submits that application was submitted by petitioner only after her marriage so that she could live along with her husband and in-laws and to discharge her liabilities towards her in-laws. Husband of petitioner is also an employee of the State Bank of India and is posted as Deputy Manager at Regional Office, Solapur in Maharastra. Prior to 2018, there was no restriction on Inter-Circle Transfer of Junior Associate, the Government of India, Ministry of Finance, Department of Financial Services issued memorandum on 8/8/2014 addressing to Chairman, State Bank of India/ CMDs of all Public Sector Banks including the IDBI and SBI Associates on the subject of Transfer of female employees in Public Sector Banks- minimizing their hardship". In the memorandum, it is mentioned that the female employees are to be accommodated as far as possible for her placement/ transfer on her request at a place where her husband is stationed or as near as possible. It is contended that present place of posting of petitioner is about 1100 kms away from the place of her husband and in-laws. The respondents while considering the application of petitioner for her transfer from one circle to another circle had failed to take note of the memorandum issued by the Government of India accommodating the female employees for their posting. In support of his contention, learned counsel places reliance upon the decision of Hon'ble Supreme Court in case of SK Nausad Rahaman vs. Union of India reported in 2022 SCC OnLine SC 297. The decision taken by State Bank of India prohibiting Inter-Circle Transfer/ Inter-State Transfer of the Junior Associates is contrary to the memorandum issued by the Government of India. It is contended that complete prohibition on Inter-Circle Transfer/ Inter-State Transfer is violative to petitioner's right to life with dignity under Article 21 of the Constitution and the order rejecting the application dtd. 31/1/2022 fails to meet the test of integrated proportionality analysis ie. the policy must be in furtherance of a legitimate aim.