GANESH PRASAD PATRA Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) AS common questions of law and act are involved in all these 21 writ petitions, they were heard together and are being disposed of by this common judgment.

(2.) OPP . party No. 1, United Bank of India (hereinafter called 'the Bank') has transferred 32 of its officers to outside the State of Orissa. But of these 32 officers, 21 have filed the above writ petitions challenging their orders of transfer, vide Annexure -1 to the writ petitions, on the ground that the said orders are contrary to the Guidelines for Posting and Transfer/Placement for officers framed by the Bank, which is annexed as Annexure -2, to the writ petitions. The transfer orders being similar, we may refer to the facts in O. J. C. No. 8779 of 1997.

(3.) IN the counter affidavits and additional affidavits filed on behalf of the Bank and sworn to by the Chief Manager of the Bank's Orissa Region, the pleas of mala fide, illegality and arbitrariness have been denied. A plea has been taken that all the transfer orders have been issued by the opposite party -Bank in public interest and on administrative reasons. Therefore, this Court may not interfere with the said transfer orders. It has also been stated that 32 officers, who are serving outside the State, are being repatriated and consequently 32 officers are being transferred outside the State. Out of the above 32 officers, transfers orders in respect of two have been kept in abeyance on medical ground and 21 officers have filed the present writ petitions and in respect of other officers, transfer orders have already been effected. The details of the officers, who are coming on transfer on repatriation, and those, who have been transferred outside the State, have been shown in the lists annexed to the affidavit filed on behalf of the Bank on 5.9.1997. Reply affidavit has been filed on behalf of the petitioner on 9.9.1997. We shall refer to Annexure -7, which is a seniority list of officers belonging to the Bank as on 31.3.1997. We shall also refer to Annexure -4, to the additional affidavit filed on behalf of the Bank on 5.9.1997 wherein reasons have been indicated as to why the officers junior to the petitioners have not been transferred outside the State.