Raghav Sharan Upadhyay R.S.Upadhyay v. Chhattisgarh Rajya Gramin Bank

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2705 of 2016 Raghav Sharan Upadhyay ( R.S.Upadhyay) S/o Late Shri Ram Chandra Upadhyay, Aged About 58 Years Posted As Branch Manager, Chhattisgarh Rajya Gramin Bank, Branch - Kolear, Raipur, District Raipur ( Chhattisgarh ) ---- Petitioner

Versus

1. Chhattisgarh Rajya Gramin Bank Through Its Chairman, Dangania Chowk, Sunder Nagar, Raipur District - Raipur ( Chhattisgarh ) P I N 492013

2. Regional Manager, Chhattisgarh Rajya Gramin Bank, Dangania Chowk, Sunder Nagar, Raipur, District - Raipur ( Chhattisgarh ) ---- Respondents For Petitioner :

Mr. Yogesh Pandey, Advocate.

For Respondents :

Mr. B.D. Guru, Advocate on advance copy Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/07/2016 Heard on admission.

This petition has been filed by the petitioner assailing transfer order on following grounds:- (a) That the policy of giving posting in the home region, three years prior to date of retirement has been violated. (b) That the policy of exempting officers above 55 years of age from the posting to remote and hardship centre, has also been violated. (c) The petitioner is a heart patient. Therefore, he should have been given a posting where proper medical facility is available. All the grounds, which are being raised in this petition, only relate to policy of transfer. The grounds on which the interference is sought, as

stated in the policy, are subject to administrative exigencies. In the establishment of Rural Bank, it is obvious that the petitioner will have to be posted in one or the other Rural area. The place where he has been transferred, could not be demonstrated to be outside home region. Therefore, in these circumstances, I am not inclined to interfere with the order. However, considering that the petitioner ventilates difficulty like illness, the management may consider the petitioner's representation in accordance with its own policy where some kind of adjustment could be provided subject to administrative exigencies. As the respondent Bank is represented through his counsel, respondent No.2 may decide the petitioner's representation within ten days from the date of receipt of copy of this order. With the aforesaid observations, the petition is disposed off. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha