IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 25275 OF 2021
PETITIONER:
SHEEJA V S
AGED 39 YEARS
P.F NO. 068674, MANAGER I.T, CENTRAL BANK OF INDIA,
RESIDES REKHA NIVAS, PUNTHALATHAZHAM, KILIKOLLOOR P.O,
KOLLAM 691 004
BY ADV M.K.PRADEEPKUMAR
RESPONDENTS:
1 CENTRAL BANK OF INDIA
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
CENTRAL OFFICE, CHANDER MUKHI, NARIMAN POINT,
MUMBAI 400 021
2 THE GENERAL MANAGER (HRD)
CENTRAL BANK OF INDIA, CENTRAL OFFICE, CHANDER MUKHI,
NARIMAN POINT, MUMBAI 400 021
3 THE FIELD GENERAL MANAGER
CENTRAL BANK OF INDIA, ZONAL OFFICE, 3RD FLOOR 48/49
RED CROSS ROAD, EGMORE, CHENNAI 600 008
4 REGIONAL MANAGER
CENTRAL BANK OF INDIA, REGIONAL OFFICE,
1ST FLOOR, METRO PALACE, OPPOSITE ERNAKULAM TOWN
RAILWAY STATION, KOCHI 682 081
5 REGIONAL MANAGER
CENTRAL BANK OF INDIA, REGIONAL OFFICE,
CSI BUILDING, 2ND FLOOR, PULIMOOD JUNCTION,
M.G ROAD, THIRUVANANTHAPURAM
6 SAJANI
I.T OFFICER, CENTRAL BANK OF INDIA, 1ST FLOOR,
METRO PALACE, OPOOSITE ERNAKULAM TOWN RAILWAY STATION,
KOCHI 682 081
7 UNION OF INDIA
REPRESENTED BY ITS FINANCE SECRETARY, GOVERNMENT OF
INDIA, PARLIAMENT STREET, NEW DELHI 110 001
S.MANU, ASGI
MATHEW B. KURIAN
SRI.K.HARI RAO, CGC
K.T.THOMAS
SUNIL.J
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25275 OF 2021
2
JUDGMENT
Dated this the 14th day of June, 2022 This writ petition is filed seeking the following prayers:
"(i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibits.Ext.P4 to the extent transferring petitioner from Regional Office, Kochi to Central Office CBD, Belapur at Serial No.60 & Ext.P7 are inconsistent with Ext.P15 & P16 norms and guidelines and quash the same.
(ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 5 to retain in the petitioner in the Regional Office, Thiruvananthapuram where petitioner was on deputation on extreme compassionate reason and hardly completed one month at home station."
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent-Bank.
3. The petitioner contends that she was appointed as Assistant Manager (Information Technology) in the respondent-bank on 17.12.2007. It is stated that on completion of 4 years tenure, she was transferred to the Regional office, Kochi on inter-zonal transfer by Ext.P1 in the year 2011. Subsequently, the petitioner had made a request for transfer to the Regional Office, Thiruvananthapuram. The petitioner was given deputation to the Regional Office, WP(C) NO. 25275 OF 2021 3 Thiruvananthapuram on 16.09.2020. By Ext.P4 order dated 11.11.2020, the petitioner was transferred to Belapur. The said order of transfer is under challenge in this writ petition.
4. It is contended that the petitioner had made repeated representations before the respondents seeking retention at Thiruvananthapuram in view of the fact that she had given birth to twin babies on 10.11.2018 and she is entitled to be retained at the present place of posting. It is further contended that there are other officers including the 6th respondent who have been in service in the present region for much longer than the petitioner and that therefore, even in case a transfer is required, the petitioner could have been retained and the 6th respondent and the other officers who have longer periods of service in the region were liable to be transferred in accordance with Ext.P16 transfer norms. The learned counsel for the petitioner also contends that the transfer is violative of Ext.P15 and Ext.P16 transfer policy and norms of the Bank.
5. A detailed counter affidavit has been placed on record by the respondent-Bank. It is contended therein that the petitioner was WP(C) NO. 25275 OF 2021 4 appointed as Assistant Manager (Information Technology) on 17.12.2007. While so, she participated in the direct recruitment process for selection to the post of Manager (IT) MMG Scale II, Specialist Officer and was selected. She joined duty as Manager (IT) in Hyderabad on 05.10.2009. She was transferred to the Regional Office, Kochi and joined service in Kochi on 05.12.2011. It is stated that the Central Bank of India is having two regional offices in Kerala, at Kochi and Thiruvananthapuram which comes under the Chennai Zonal Office. It is stated that on the request made by the petitioner, the petitioner was granted deputation to the Kollam Branch from 03.03.2016 to 27.06.2016. She continued in the Kollam Branch till 31.07.2017. Thereafter, she was granted maternity leave from 04.09.2018 to 02.03.2019 and sabbatical leave from 03.03.2019 to 02.03.2020 as well as privilege leave from 04.03.2020 to 31.03.2020. Later, the petitioner availed sick leave from 01.04.2020 to 01.06.2020 and rejoined duty at Kochi. She was granted deputation to the Regional Office, Thiruvananthapuram from 16.09.2020 to 20.11.2020 and was relieved from duty on 23.11.2020 from the Regional Office, WP(C) NO. 25275 OF 2021 5 Thiruvananthapuram consequent to her transfer to the Central Office, Belapur by Ext.P4 order and the petitioner failed to report for duty at Belapur. Later, Ext.P19 memorandum calling for explanation was also issued to the petitioner for unauthorized absence to which Ext.P20 reply was submitted. With regard to the contentions relating to the 6 th respondent, it is stated that Specialist Officers who have completed three years in a Branch and six years in a region are liable to be rotated in terms of Ext.P16 norms. It is stated that the petitioner had completed 8 years, 11 months and 15 days as on 20.11.2020 in the Regional Office, Kochi. The 6th respondent had completed 5 years and 6 months as on 20.11.2020 and therefore, the contentions are without merit. It is further contended that request transfer on preferential basis to lady officers are to be considered maximum twice in the entire duration of their service subject to availability of vacancies. It is stated that the norms permits Specialist Officers to apply for inter zone request transfer through HRMS portal online, subject to the availability of vacancies and that the petitioner had not submitted any such requests. It is stated that in so far as the cancellation of transfer of two named WP(C) NO. 25275 OF 2021 6 officers is concerned, rotational transfer of Sri.Asirvadam M. was changed on his request as he is an office bearer of a Union and a non core IT officer. So also, the request of Sri.P.V. Ramakrishna was cancelled on his request due to ill health and being a non core IT officer and both the officers were not retained in the same region. It is contended that the petitioner has been continuing at Kochi for nearly 10 years and that she had not reported for duty after Ext.P7 relieving order on 20.11.2020.
6. A reply affidavit has also been placed on record by the petitioner. It is contended that the petitioner is liable to be permitted to continue at the present station on a compassionate basis. It is also contended that though repeated requests had been made for cancellation of the transfer, no accommodation was granted to the petitioner.
7. The learned counsel appearing for the respondents submits that the petitioner had been required to join duty at Kochi, which is her actual place of posting. It is submitted that the petitioner had not joined duty after 23.11.2020.
8. I have considered the contentions advanced on both sides at WP(C) NO. 25275 OF 2021 7 considerable length. Ext.P4 is an order of transfer issued to the petitioner. The petitioner has no case that she was not liable to be transferred to any other station or that she is entitled to continue on deputation indefinitely. In case the petitioner had any complaints with regard to the transfer, it was open to her to have complied with Ext.P4 order of transfer, joined the transferred post and sought accommodation from the respondents. It is not in dispute before me that the petitioner has, after being relieved from Thiruvananthapuram on 23.11.2020, not chosen to join duty anywhere.
In the facts and circumstances of the case and the contentions as raised in the counter affidavit, I am of the opinion that the prayers as sought for in the writ petition cannot be granted. This writ petition thus fails and the same is, accordingly, dismissed.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 25275 OF 2021 8 APPENDIX OF WP(C) 25275/2021 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE TRANSFER ORDER NO. ZO HRD2011-12 1551 DATED 02-12-2011 OF HYDRABAD ZONAL OFFICE.
Exhibit P2 TRUE COPY OF OFFICE ORDER NO CRO-HRD-2020 21:22 DATED 15-09-2020 OF REGIONAL OFFICE KOCHI Exhibit P3 TRUE COPY OF PETITIONER APPLICATIONS DATED 06-06-2019 Exhibit P3A TRUE COPIES OF PETITIONER APPLICATIONS DATED 09-08-2019.
Exhibit P3B TRUE COPIES OF PETITIONER APPLICATIONS DATED 18-09-2020 Exhibit P4 TRUE COPY OF THE ORDER OF 2ND RESPONDENT'S OFFICE AS CIRCULAR NO. 1071 DATED 11-11-2020 ALONG WITH ANNEXURE D Exhibit P5 TRUE COPY OF THE APPLICATION OF DATED 12-11-
2020 OF THE PETITIONER BEFORE 2ND RESPONDENT. Exhibit P6 TRUE COPY OF REMINDER TO EXT P5 ON 19-11-2020 TO THE 2ND RESPONDENT Exhibit P6A TRUE COPY OF A REQUEST DATED 19-11-2020 OF EXTENSION OF ONE MONTH FOR IMPLEMENTATION OF THE ORDER Exhibit P7 TRUE COPY OF THE ORDER NO. CRO-HRD 2020-21 356 20-11-2020 OF THE 4TH RESPONDENT Exhibit P8 TRUE COPY OF REPRESENTATION DATED 24-11-2020 REQUESTING TO RETAIN THE PETITIONER IN THE REGIONAL OFFICE THIRUVANANTHAPURAM OR AT LEAST NEARBY REGIONAL OFFICE MADHURA/COIMBATORE Exhibit P8A TRUE COPY OF THE APPLICATION DATED 02-12-2020 IN CONTINUATION OF EXT P8 Exhibit P9 TRUE COPY OF THE APPLICATION DATED 12-12-2020 BY THE PETITIONER.
Exhibit P10 TRUE COPY OF THE PETITIOENR'S APPLICATION DATED 12-12-2020 BY THE PETITIONER.
Exhibit P11 TRUE COPIES OF THE PETITIOENR'S APPLICATION DATED 12-12-2020 Exhibit P11A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 10-12-2020 Exhibit P11B TRUE COPY OF THE MEDICAL CERTIFICATE DATED 12-12-2020 WP(C) NO. 25275 OF 2021 9 Exhibit P11C TRUE COPY OF MEDICAL CERTIFICATE DATED 12-12- 2020 Exhibit P12 TRUE COPIES OF 2ND RESPONDENT OFFICE LETTER NO. CO HRD-R AND P DM 2020-21/1322 DATED 14- 01-2010 Exhibit P12A TRUE COPIES OF 2ND RESPONDENT OFFICE LETTER CO HRD R AND P DM 2020-21/1183 DATED 24-12- 2020 Exhibit P13 TRUE COPY OF 2ND RESPONDENT OFFICE CIRCULAR NO 1085 DATED 27-01-2021 Exhibit P14 TRUE COPY OF PETITIONER'S APPLICATION DATED 28-01-2021 TO TRANSFER TO REGIONAL OFFICE, THIRUVANANTHAPURAM 41 Exhibit P15 TRUE COPY OF LETTER NO. 4/9/2014-IR DATED 08-
08-2014 BY 7TH RESPONDENT Exhibit P16 TRUE COPY OF THE ANNEXURE II TO THE AGENDA NO. BM/702/2019-20/12/39 DATED 25-10-2019 Exhibit P17 TRUE COPY OF LETTER NO. CO HRD-CSD-21-22:206 DATED 29-05-2021 OF 2ND RESPONDENT Exhibit P18 TRUE COPY OF THE EMAIL LETTER SUBMITTED TO THE 2ND RESPONDENT OFFICE BY THE PETITIONER DATED 07-06-2021 Exhibit P19 TRUE COPY OF THE MEMO NO. CO/AGM/CSD/2021-
22/25 DATED 23-08-2021 OF 2ND RESPONDENT OFFICE Exhibit P20 TRUE COPY OF THE PETITIONER'S REPLY EXPLANATION LETTER DATED 27-08-2021 Exhibit P21 TRUE COPY OF THE PETITIONER'S APPLICATION DATED 06-10-2021 Exhibit P22 TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 03.09.2020 BEFORE 3RD RESPONDENT ZONAL MANAGER Exhibit P23 TRUE COPY OF THE JOINING REPORT OF THE PETITIONER DATED 29.01.2022 BEFORE 5TH RESPONDENT SENIOR REGIONAL MANAGER, THIRUVANANTHAPURAM (WITHOUT ENCLOSURES) Exhibit P24 TRUE COPY OF LETTER NO.CRO/HRD/2021-22/540 DATED 07.02.2022 FROM 4TH RESPONDENT REGIONAL OFFICE, KOCHI Exhibit P25 TRUE COPY OF THE REPLY LETTER TO 4TH RESPONDENT AS WELL AS 5TH RESPONDENT DATED 12.02.2022 (WITHOUT ENCLOSURES) Exhibit P26 TRUE COPY OF THE LETTER DATED 14.02.2022 OF 4TH RESPONDENT WP(C) NO. 25275 OF 2021 10 Exhibit P27 TRUE COPY OF ANNEXURE C OF EXT.P4 TRANSFER ORDER (ORDER OF 2ND RESPONDENT'S OFFICE AS CIRCULAR NO.1071 DATED 11.11.2020) Exhibit P28 TRUE COPY OF THE PETITIONER'S APPLICATION DATED 20/08/2019 FOR REQUEST TRANSFER FOR REGIONAL OFFICE, THIRUVANANTHAPURAM. Exhibit P29 TRUE COPY OF THE ONLINE APPLICATION OF THE PETITIONER DATED 22/03/2022 UNDER RIGHT TO INFORMATION ACT IN RESPECT OF EXT.P28.
Exhibit P30 TRUE COPY OF THE ZONAL OFFICE DEPUTATION ORDER NO.ZO/CHEN/HRD/2020-2021/467 DATED 14/09/2020.
Exhibit P31 THE TRUE COPY OF THE APPLICATION DATED 22/03/2022 OF PETITIONER'S MOTHER UNDER RIGHT TO INFORMATION ACT IN RESPECT OF KOCHI REGIONAL OFFICE LETTER NO.CRO:HRD:200-2:197 DATED 03/09/2020.
RESPONDENTS' EXHIBITS: NIL