NARMADA PRASAD CHOUDHARY Vs. BANK OF INDIA

JUDGEMENT

(1.) The appellant employee made a request for being transferred from Chhindwara to Jabalpur, which was conditionally agreed by the employer Bank. He was posted to Jabalpur for a period of three months with the condition that he would not seek extension, but would join back at Chhindwara, i.e., the original place of posting after the said period. The appellant took advantage of the said temporary posting order, came to Jabalpur, but thereafter turned around and started seeking permanent posting in Jabalpur. Normally, it is not open to a person after having taken advantage of a conditional order, to subsequently turn around and start questioning the conditions stipulated in the order.

(2.) However, it appears that this turn around is sought to be justified as being occasioned on account of change of circumstances. The appellant claims that he is suffering from 'fissure', which requires surgery.

(3.) In the circumstances, we direct the respondent Bank to have the appellant medically examined by a doctor or Medical Board of the choice of the Bank for confirmation of the medical condition of the appellant, and if surgery is required in the opinion of the doctor/Board, and the appellant makes a fresh application for grant of medical leave or such other leave, as may be permissible to the appellant, the Bank will grant such leave for such period as the doctor/Medical Board opines to be required for recovering from such surgery. This examination will be done within a week after the appellant joins back at Chhindwara. Learned counsel for the Bank has agreed to have the appellant examined by the Medical Board or a doctor at Chhindwara, within a week from the appellant's joining at Chhindwara.