B.Nagesh, v. The Deputy General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM

THE HON'BLE DR.JUSTICE ANITA SUMANTH B.Nagesh .. Petitioner Vs.

1.The Deputy General Manager(B & O), State Bank of India, Administrative Unit, No.2, Dr. Ambedhkar Road, Madurai-625 002.

2.The Regional Manager, Regional Business Office II, Beach Road, Tuticorin-1.

3.The Chief Manager, State Bank of India, Old Trunk Road, Sattur-626 203.

.... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to pass appropriate orders under Clause 20.2(vi) and 20.2(vii) of transfer policy and redeployment of staff for transfer from State Bank of India, Sattur Branch to State Bank of India, Virudhunagar Branch by considering the petitioner's representation dated 27.08.2017.

For Petitioner : Mr.K.Balasubramani For 3rd Respondents : Mr.V.P.Rajan, for RR3 For 1st & 2nd Respondents : No Appearance

ORDER

Heard Mr.K.Balasubramani, learned counsel for the petitioner and Mr.V.P.Rajan, learned counsel appearing for the third respondent.

2.The petitioner, who is presently employed with the State Bank of India, Sattur Branch, seeks a Mandamus, directing the respondents to pass appropriate orders under Clause 20.2(vi) and 20.2(vii) of transfer policy and redeployment of staff for transferring from the State Bank of India, Sattur Branch to State Bank of India, Virudhunagar Branch, by considering his representation dated 27.08.2017.

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3.The learned counsel for the third respondent/Bank has filed a counter affidavit and would submit that the petitioner is due to retire from service in March 2022 and thus the policy of the Branch does not provide for transfer, in such circumstances. 4.That apart, he would also bring to my attention to prior litigation initiated by the petitioner questing an earlier transfer. According to him, during the pendency of the earlier litigation, the petitioner's request for transfer from Parthibanur to Virudhunagar has been considered and the petitioner accommodated at Sattur, which is only 15 kilometers away from the preferred location.

5.Though, the above submissions are recorded, transfers and redeployment is entirely within the domain of the Bank and thus, at the highest, what the petitioner is entitled to, is to a disposal of his representation dated 27.08.2017, for which a direction can and is, issued to the third respondent. 6.Let the above representation be disposed by the third respondent after hearing the petitioner within a period of four weeks from today, inline with the applicable transfer policy, Rules and Regulations.

7. The Writ Petition is disposed accordingly. No costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) dn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Deputy General Manager(B & O), State Bank of India, Administrative Unit, No.2, Dr. Ambedhkar Road, Madurai-625 002.

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2.The Regional Manager, Regional Business Office II, Beach Road, Tuticorin-1.

3.The Chief Manager, State Bank of India, Old Trunk Road, Sattur-626 203.

+1 CC to M/s.S.MADHAVAN, Advocate (SR-36377[F] dated 29/11/2021) 25.11.2021 USK (06.01.2022) 3P 5C 3/3