STATE BANK OF INDIA Vs. S.V.THARANATH

JUDGEMENT

(1.) The instant intra-Court appeal arises from the order dated 15.5.2014 passed by the Writ Court in W.P. No. 13611 of 2014.

(2.) The writ petitioner, while working as Manager (Law), State Bank of India, Administrative Unit, Chennai, was transferred by the competent authority to North-East Circle with a direction to report to the DGM & CDO, LHO, Guwahati for eventual posting vide order dated 02.05.2014. The writ petitioner immediately made a representation on the same day seeking quashing of the said transfer order on the ground that pursuant to the transfer order dated 25.1.2011, he has been posted in Chennai Circle and as such, he has completed only three years and four months. Secondly, his daughter, who had lost her mother in the year 2010, had been admitted to 2 year-IIT coaching classes. Thirdly, no reasons have been assigned for transfer. On 3.5.2014, one more representation was made, wherein, the writ petitioner had stated more reasons, viz., his mother is aged about 68 years, she is suffering from heart problem and he has got only one daughter studying in XII standard. It appears that no order was passed on his representations. Thus, the writ petition in WP No. 13611 of 2014 was filed seeking to quash the said transfer order.

(3.) The case of the learned counsel for the writ petitioner before the Writ Court was that the transfer was contrary to the transfer policy as enshrined under Regulation 9.5 of the Regulations. As per Regulations, the writ petitioner was entitled to be retained at Chennai for a period of seven years, but, he had completed only three years and four months. Thirdly, the petitioner is a widower having a girl child, who is studying 12th standard in Kendriya Vidyalaya, Chennai.