DINESH KUMAR RAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is presently working as Deputy Manager, Kendrapara Branch, State Bank of India has filed this Writ Petition for quashing his transfer order dated 20.6.2003 (Annexure -2) as well as the relieve order dated 26.6.2003 (Annexure -3) and for a direction to give him appropriate posting keeping in view Paragraphs 6.3 and 7.2 of the Transfer Policy. The allegation of the petitioner is that the impugned order of his transfer violates Paragraphs 6.3 and 7.2 of the Transfer Policy and also Rules 57 of the State Bank of India Service Rules. Since an officer can only be considered to go in inter module transfer normally after a stay of nine years in a module. The petitioner alleges that even though certain officers/Union leaders are retained in their respective Branch/office/module for more than ten to fifteen years violating the Bank's Transfer Policy, the petitioner has been discriminated.

(2.) THE case of the petitioner, in short, is that he came to Bhubaneswar Module in November, 1994 on the working spouse ground as per Paragraph 7.2. of the Transfer Policy and worked in IDCO Tower, Bhubaneswar Branch till December 1998. After completion of four years in that he was transferred from place to place within the same module and came to Kendrapara Branch in September, 2001. By the impugned order dated 20.6.2003 (Annexure -2) he has been transferred from Bhubaneswar module to Berhampur module few months before completion of nine years in the module as stipulated in paragraph 6.3 of the Transfer Policy. The petitioner's contention is that since he came to Bhubaneswar module under working spouse ground and worked there from 1994 to 1998 under the special case of transfer as per Paragraph 7.2 of the Transfer policy, there is no justification to reckon this period of four years on working spouse ground in the normal stay of nine years in a module as per Paragraph 6.3 of the Transfer Policy. The period of four years as per Paragraph 7.2 cannot be included in calculating the period of nine years as per Paragraph 6.3 of the Transfer Policy. As such, he cannot be transferred to another module before completion of thirteen years i.e. four years on working spouse ground and over and above this period another nine years in the module. It is also stated by him that there are many officers in the Bank, who have been allowed to continue to serve at one particular center/module under 'special case of transfer' on compassionate ground i.e. as per Paragraphs 7.1.1 and 7.1.4 of the Transfer policy and they have been allowed to stay in a particular center/module in excess of nine years stay. For better appreciation of the case, it would be just and proper to quote those paragraphs of the Transfer Policy, such as, 6.3 (Module Transfer), 7.1.1 and 7.1,4 (Special case of transfer) as well as 7.2.1., 7.2.2 and 7.2.4 (working spouse ground).:

(3.) TRANSFER and posting of an officer is regulated by the above Transfer policy. Para -6 of the Transfer Policy deals with the tenure of an officer before his transfer is effected. The paragraph of the Transfer Policy provides for various periods of stay of an officer in the branch/center/module. Para 6.3 of the Transfer Policy also clearly provides that an officer should be considered for posting to another module normally after a stay of nine years in the module and transferred to another module can be considered between 8 years to 9 years of stay in a particular module. The special case of transfer on compassionate ground is for one year, which is to be reviewed from time to time before expiry of the period of one year, on working spouse ground for four years and during the entire career only one such request (for lady officer maximum two) will be considered. The officer's request for posting/retention at the existing center where he has completed a term of four years on working spouse ground will not be considered and his request for posting in'a particular module may be considered after he completed a full term of 3 years in another module. However, as per paragraph 12.1 of the Transfer Policy notwithstanding the provisions contained in the Transfer Policy, the Bank may transfer any officer at any time on administrative grounds keeping in view the exigencies of service.