K. Ram Mohan Rao v. The Union Of India

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 03.08.2018 Between:

K.Ram Mohan Rao s/o. late Govinda Rao, Aged about 56 years, occu: Asst.Manager, Indian Bank, presently posted in Moulali Branch, r/o. Flat No.501, Pavanputra Enclave, Vani Nagar, Malkajgiri, Medchal District.

.....Petitioner and Union of India, rep.by Principal Secretary HRD, New Delhi and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

According to petitioner, he is presently working as Assistant Manager in respondent-Bank. On appointment in the year 1995, he worked at various places. When he requested for transfer on health grounds, his request was considered and he was transferred to the branch located in Moulali, Hyderabad in the year 2015. By the present order of transfer, he is again posted to rural branch in the State of Tamil Nadu.

2.

According to learned counsel for petitioner, as per the transfer policy, an employee is entitled to continue at a particular place for minimum period of three years, whereas petitioner has not completed three years of service in the present place of posting. Learned counsel would further submit that as petitioner served in Rural branches of the respondent-Bank, he is entitled to be posted in Urban areas, whereas present posting is again in rural area. As petitioner is having health problems, it would be difficult for him to take medical treatment by working in rural area. Therefore, the order of transfer is not valid in law.

3.

As fairly submitted by petitioner, consequent to the order of transfer, petitioner was already relieved. On 01.07.2018, petitioner sent representation to the General Manager through electronic mail service requesting for retention in Hyderabad citing health grounds. Alleging inaction on such representation, this writ petition is filed.

4.

Since petitioner has already made representation requesting for retention or for suitable posting, without expressing any opinion on merits, writ petition is disposed of directing the General Manager (HRM), Indian Bank, Corporate Office, Chennai (3rd respondent) to examine the claim of petitioner as ventilated in his representation dated 01.07.2018, sent through electronic mail service, and to pass orders thereon as expeditiously as possible, preferably within a period of three weeks from the date of receipt of copy of this order. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 03.08.2018 Note: Issue CC in three days.

(b/o.) kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 03.08.2018 kkm