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Patna High CourtCWJC/870/2017allowed

Madhavi v. The Managing Director And Chief Executive Officer, Corporate Office, Indian Bank And ORS

2017-11-16Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.870 of 2017 ===========================================================

1. Madhavi, W/o Sri Ashish Kumar, resident of Mohalla- Raja Bazar, D-31, Ashoka Tower, District- Patna.

.... .... Petitioner/s

Versus

1. The Managing Director & Chief Executive officer, Corporate office, Indian Bank 254-260, Avvai Shanmugam Salai Roypettah, Chennai- 600014.

2. The Executive Director, Corporate Office, Indian Bank 254-260, Avvai Shanmugam Salai, Roypettah, Chennai- 600014.

3. The General Manager, Human Resource Management Department, Central Office, Chennai, Corporate office, Indian Bank 254-260, Avvai Shanmugam Salai Roypettah, Chennai- 600014.

4. The Deputy General Manager, Human Resource Management Department, Central Office, Chennai, Corporate Office, Indian Bank 254-260, Avvai Shanmugam Salai, Roypettah, Chennai- 600014.

5. The General Manager/Zonal Manager, Banglore Zone, Indian Bank Zonal Office Banglore, 4th Floor East Wing 26/27 Raheja Towers, M.G. Road, Banglore, Karnatka- 560001.

6. The Asstt. General Manager/Second in Command, Banglore Zone, India Bank Zonal Office Banglore, 4th Floor East Wing 26/27 Raheja Towers, M.G. Road, Banglore, Karnatka- 560001.

7. The Deputy General Manager, Zonal Manager, Patna Zone, Indian Bank Zonal Office, 1st Floor, Govind Bhawan, New Dak Bunglow Road, Patna- 800001.

8. The Deputy General Manager/Zonal Manager, Patna Zone, Indian Bank Zonal Office, 1st Floor, Govind Bhawan, New Dak Bunglow Road, Patna- 800001.

9. The Asstt. General Manager, Second in Command, Patna Zone, Indian Bank Zone Office, 1st Floor, Govind Bhawan, New Dak Bunglow Road, Patna- 800001.

10. The Branch Manager, Cubbonpet Branch, Indian Bank, Hamid Shah Complex No.- 2, Cubbonpet Banglore- 560002.

11. The Branch Manager, Indian Bank, Kankarbagh, Patna -800020. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. J. K. Karn For the Indian Bank : Mr. Sanjay Singh Thakur, Mr. Prashant Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 16-11-2017 Heard learned counsel for the petitioner and learned counsel for the Indian Bank.

Patna High Court CWJC No.870 of 2017 dt.16-11-2017 In the present writ petition, petitioner is challenging the order dated 20.5.2016 passed by the General Manager (HRN), CO HRM Department of Indian Bank by which she has been transferred from Patna to Banglore.

It appears that after granting promotion from scale II to Scale III the officers were transferred to different Zones. The letter dated 20.5.2016 indicates place of their posting. The name of the petitioner is sanding at sl. no. 143 and she has been transferred from Patna to Banglore When she received the letter she has sacrificed her promotion on account of the fact she wants to live with her husband is also in Union Bank, posted at Bettiah, Bihar. It has been stated that she has small kid of two years for the welfare of the family she did not want to take benefit of promotion but wants to stay with her family. Earlier the benefit on the ground of spouse was given but on account of promotion to Scale III she has been transferred to Banglore. In the representation petitioner has stipulated that she could join the new place of posting on that account, promotion of petitioner has been forfeited. She requested, she should be allowed to remain along with her family but the Bank is insisting her to join at Banglore and for unauthorized absence a departmental proceeding has been initiated.

Patna High Court CWJC No.870 of 2017 dt.16-11-2017 This Court is not giving any opinion on the departmental proceeding that will take its one course.

But question is that she has mad sacrifice of her promotion for the welfare of the family, in such circumstances, she should not be pushed out from the present place of posting and compelled to join at Banglore. Certainly she cannot get the promotion Scale II to Scale III and she will remain in Scale II. In such view of the matter, the order of transfer of the petitioner to Banglore dated 20.5.2016 is set aside but petitioner will remain here in Scale II for the present. With the aforesaid observation and direction this writ petition is allowed.

(Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date6.12.2017 Transmission Date NA