Meenakshi Prakash v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5886 of 2016 ===========================================================

1. Meenakshi Prakash wife of Anand Kumar, Permanent Resident of C/o B.P. Saha, Sultan Pokhar (West), Ward No. 4, P.o. +P.S.- Forbesganj, District- Araria .... .... Petitioner/s

Versus

1. The Union of India through Secretary Ministry of Finance, New Delhi- 110001

2. M.D. & C.E.O. I.D.B.I. Bank Limited I.D.B.I. Towers World Trade Centre Complex Cuffe Parada, Colaba, Mumbai- 400005, Maharashtra

3. Chief General Manager (H.R.) I.D.B.I. Bank Limited I.D.B.I. Towers World Trade Centre Complex Cuffe Parada, Colaba, Mumbai- 400005

4. General Manager (H.R.) I.D.B.I. Bank Limited 44, Shabespeare Sarani, P.B. No. 16102, Kolkata- 700017, West Bengal

5. Regional Head, Muzaffarpur I.D.B.I. Bank Limited 1st Floor, Bhawani Market, Abravaghat Road, Muzaffarpur- 842001, Bihar

6. Branch Head I.D.B.I. Bank Limited Goel Premises, Near Bharat Jalpan Hotel, Saraeyaganj, Muzaffarpur- 842001 .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mrs. Nutan Sahay For the Respondent Bank: Mr. Kaushalendra Kumar Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 23-06-2016 Heard counsel for the petitioner and counsel for the bank. Petitioner has already been posted in Muzaffarpur since July, 2014 when her husband was there. Petitioner's husband is now working in Kolkata after he was granted due promotion. Petitioner wants a direction upon the bank to post her at a location somewhere in Kolkata nearer the posting of her husband in terms of the policy issued by the Central Government and the bank. Writ application is disposed of with a direction upon the authorities of the bank that since petitioner has already spent about two years in Muzaffarpur, when the next round of transfer is effected they will keep into consideration to accommodate the petitioner near the place of posting of the husband of the

Patna High Court CWJC No.5886 of 2016 dt.23-06-2016 petitioner keeping in mind the provision of the transfer policy which does envisage such accommodation.

The Court, however, is in agreement with the counsel for the bank that such provision cannot override the over-all administrative interest and functioning of the bank. However, the bank which is public sector undertaking will keep the welfare of the employees into consideration with which object such provision has been made.

(Ajay Kumar Tripathi, J) R.K.Pathak/- AFR/NAFR AFR CAV DATE Uploading Date 23/06/2016 Transmission Date