Shyam Sundar Prasad v. The Bank Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15441 of 2019 ====================================================== Shyam Sundar Prasad Son of Birbhadra Baidyanath Purbey, R/o Janki Niwas, Mohalla South Ashok Nagar, Changar, P.S. Kankarbagh, District- Patna. ... ... Petitioner/s

Versus

1.

The Bank of Maharashtra through its Chairman and Managing Director, Lokmangal, 1501, Shivajinagar, Pune- 411005 2.

The Chairman and Managing Director, The Bank of Maharashtra, Lokmangal, 1501, Shivajinagar, Pune- 411005 3.

The Assistant General Manager, Human Resource Management Department, The Bank of Maharashtra, Lokmangal, 1501, Shivajinagar, Pune- 411005 4.

The Zonal Manager, Kolkata Zone, The Bank of Maharashtra, Mcleod House First Floor, 3 N.S. Road Kolkata- 700001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushkar Narayan Shahi, Sr. Advocate Mr.Alok Kumar @ Alok Kr Shahi, Advocate Mr. Rohit Raj, Advocate For the Respondent/s :

Mr. Gautam Kumar Jejriwal, Advocate Mr. Rahul, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-08-2019 Heard the learned counsel for the parties.

The petitioner is aggrieved by the order of transfer dated 01.06.2019 passed by Respondent No. 3, the Assistant General Manager, Human Resource Management Department, Bank of Maharashtra, whereby the petitioner has been transferred from Arrah Branch of Kolkata Zone to Goa Zone with immediate effect.

Some of the employees of the Bank who also were transferred from Kolkata Zone to Goa Zone had come before

Patna High Court CWJC No.15441 of 2019(2) dt.02-08-2019 2/3 this Court vide C.W.J.C. No. 14137 of 2019, wherein this Court vide order dated 26.07.2019 had directed the Bank to look into the grievance of the petitioners therein and consider their representation before insisting upon them to join the transferred place of posting.

The petitioner also deserves the same treatment by the Bank.

It has been submitted on behalf of the petitioner, which has been ratified by the learned counsel for the respondent / Bank, that the representation of the petitioner before the concerned authority is pending consideration and disposal.

Let the representation of the petitioner be considered in proper perspective, keeping in mind the policy of transfer which is followed by the Bank and a decision be taken within a period of 30 days from the date of production/communication of a copy of this order. Till such time, the respondent / Bank shall not insist upon the petitioner to join on his transferred place of posting. He shall also not be put to any coercive process for compelling his

Patna High Court CWJC No.15441 of 2019(2) dt.02-08-2019 3/3 joining. If permitted by the Bank, the petitioner would, in the meantime, render his service at any place indicated by the Bank in the same Zone so that the petitioner may not be declared out of work for the period that he does not join the new place of posting.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U