K KANDASAMY Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) By consent of counsel for both sides, the writ petition itself is taken up for final disposal. By consent of counsel for both sides, the writ petition itself is taken up for final disposal.

(2.) The petitioner has come forward with this writ petition praying for a Writ of Certiorarified Mandamus to call for the records relating to the impugned transfer order issued in T.O.No.IR/36/2003 dated 29-04-2003 passed by the Deputy General Manager, UCO Bank, Regional Office, 328, Thambu Chetty Street, Chennai 600 001, the third respondent herein and the Rejection Order issued in Ref.PER /TPC/2003/1509 dated 23-10-2003 passed by the Chairman and Managing Director, Head office, Personnel Department, No.12, Old Court House Street, Kolkatta, the first respondent herein and quash the same as arbitrary, unreasonable, improper, illegal, against the rules and regulations of the respondents and thereby direct the respondents to retain the petitioner as the Assistant Manager (Scale-JM-1) UCO Bank, Korattur Branch, Korattur, Chennai.

(3.) The petitioner has stated that he was appointed as Clerk-cumAssistant Cashier on 25-06-1982 in the respondents Bank. He was promoted on 29-03-2003 to the post of Joint Management Scale I Officer along with 37 persons. It is alleged by the petitioner that some of the co-promotees were posted at Chennai or nearby areas, but he was transferred to Bhopal by Order dated 29-04-2003 by the second respondent herein, who is the controlling authority. In and by the said order, he was relieved on the same date. The petitioner was on medical leave from that date onwards. It is stated by the petitioner that seniors like him should be retained in Chennai/Southern Regions and juniors to be posted to remote places/other regions, which was not followed in this case. The petitioner has two children, first one is daughter studying 10th Standard, the second one is son studying 8th Standard and both are at Chennai. Both of them have taken Tamil as second language. The petitioner has made a representation to the second respondent to retain him in the present station at Chennai mentioning the family conditions and also brought notice that he is official representative of the UCO Bank SC/ST & OBC Employees Council, but no reply till July 2003. The petitioner has filed Writ Petition No. 21361 of 2003 and this Court directed the petitioner to submit a representation to the Chairman and Managing Director, UCO Bank, Calcutta and on such representation directed the said authority to consider the same in a sympathetic manner, if law permits enabling the petitioner to be with his wards till the academic year is closed and pass appropriate orders within a period of six weeks from 22-09-2003, on which date the writ petition was disposed of. According to the petitioner, the respondents have considered similarly placed employees Mr. S. Ramachandran, who was originally transferred to Bhopal, but on his representation that his children are studying, he was posted to Regional Office at Bangalore by Order dated 07-08-2003. The petitioner submits a representation to the first respondent namely the Chairman and Managing Director, which was rejected on 23-10-2003, which is impugned in this writ petition.