Allahabad High Court
Sudhanshu Shekhar Mishra vs Canara Bank (Nationalised Bank ) And 5 ... on 11 September, 2025
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:160763
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13542 of 2025
Sudhanshu Shekhar Mishra
.....Petitioner(s)
Versus
Canara Bank (Nationalised Bank ) And 5 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Satyendra Chandra Tripathi
Counsel for Respondent(s)
:
Krishna Mohan Asthana
Court No. - 5
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Satyendra Chandra Tripathi, learned counsel for petitioner and Sri Krishna Mohan Asthana, learned counsel for respondents.
2. The petitioner, a Manager of Canara Bank at Jhansi, was promoted to Middle Management Grade (MMG) Scale- III as a Senior Manager with effect from 01.04.2025 vide order dated 03.04.2025 with an observation that fitment of salary and emoluments shall be effected from the date of promotion, which may be subject to change in case of delay in reporting at the transferee place, if any. The petitioner after promotion was transferred by order dated 30.04.2025 at Canara Bank, Jhansi and petitioner has thereafter joined at the said place.
3. By a subsequent order dated 14.05.2025, petitioner was transferred Canara Bank at Gorakhpur Itwa (18740) Ayodhya Regional Office, Lucknow and he has joined at Gorakhpur. Now petitioner has challenged the aforesaid order by moving an application dated 16.05.2025 to cancel the transfer order dated 14.05.2025, that his wife being an Army Officer posted in Jhansi is in the family way.
4. In the aforesaid circumstances, petitioner filed a writ petition No. 8547 of 2025 before this Court, challenging the order dated 14.05.2025. The aforesaid writ petition was disposed of by following order dated 08.07.2025 :-
"1. Heard Sri Akshay Pratap, learned counsel for petitioner and Sri K.M. Asthana, learned counsel for respondent.
2. Learned counsel for petitioner after arguing for some time, fairly submits that since petitioner has already joined at transferred place i.e. at Gorakhpur, Ayodhya Region and he has filed a representation for consideration that he may be allowed to stay transfer within Kanpur Region since his wife is pregnant who is Nursing Officer in Indian Army at Hospital Jhansi.
3. Learned counsel for respondent submits that aforesaid ground will be considered while considering the representation of petitioner and a reasoned order will be passed within four weeks.
4. In the aforesaid circumstances, without entering with the impugned order, this writ petition is disposed of with the direction that representation of petitioner be considered sympathetically by concerned respondent, taking note of above referred reason. "
5. In pursuance of order, the petitioner thereafter submitted a representation, however, the same was dismissed by an order dated 31.07.2025 and its contents are reproduced hereinafter :-
"We acknowledge the receipt of your request seeking transfer to Jhansi or nearby vicinity and understand the personal circumstances shared in your application, particularly regarding your wife's pregnancy.
At the outset, it is informed that, in accordance with Regulation 47 of Canara Bank (Officers') Service Regulation 1979 "Every officer is liable for transfer to any office or branch of the Bank or to any place in India.". Transfer is an essential condition of service. The terms of appointment are designed to provide employees with exposure to different places, diverse roles, and functions, in alignment with the Bank's operational and administrative requirements.
You have opted for promotion, and on promotion you have been transferred to Gorakhpur Itwa branch which is within the same Circle.
While individual requests are considered with due empathy, they must be assessed in the context of organizational priorities and administrative exigencies. Pursuant to a careful consideration of your request in light of the recent court order and after assessing operational requirements, we regret to inform you that your transfer request to the desired location cannot be accommodated at this stage due to administrative exigencies."
6. The aforesaid order is now being challenged before this Court by way of filing present writ petition. During hearing it is brought into the notice of this Court that at the stage of consideration for promotion, petitioner has submitted an online undertaking on 14.10.2024 that ?I understand that on promotion I am liable to be transferred any where in INDIA depending upon the administrative exigencies. I understand that upon promotion, consideration of request for reversion, if any made by me, shall be at the sole discretion of the Bank and the same shall be final and binding on me.?
7. Learned counsel for petitioner submits that purport of the order dated 08.07.2025 passed by this Court was not followed by the respondents and instead of a sympathetic view the respondents have taken a strict view. Learned counsel for petitioner further submits that transfer policy of respondent- Canara Bank has a provision to consider the request on spouse grounds and he refers it's sub clause (c) of clause (XIII), which is reproduced hereinafter :-
?Request Transfer on Spouse Grounds
(c) Where the spouse of the Officer is employed in Public Sector Undertaking, Central/State Government Services, an endeavour to post them in same Region/place/Circle or nearby Region/place/Circle shall be made subject to administrative exigenices.?
8. Learned counsel for petitioner also refers a judgment passed by Supreme Court in S.K. Naushad Rahaman and others Vs. Union of India and others, 2022 (12) SCC 1 that a request for transfer on ground of posting of spouse required to be considered in a sympathetically manner.
9. Per contra, learned counsel for respondents submits that petitioner has already given an undertaking and it is a policy of respondent- Bank that on promotion, transfer is made normally outside the district, therefore, there is no illegality in the impugned order and in case, prayer of petitioner is accepted, it would disturb entire sequence that since someone else on promotion has already on transferred has joined at the place of petitioner.
10. I have considered the above submissions and perused the record. Petitioner is a beneficiary of promotion and he was well aware that in terms of undertaking given way back in the year 2024, he will be transferred to another district or place after his promotion, therefore, he cannot now take a U-turn and challenge the transfer order on promotion.
11. The Court also takes note that reason for request of transfer to Jhansi is that petitioner?s wife is in the family way and has medical complications, which can be a special circumstance to consider the prayer of petitioner for transfer at Jhansi or to allow him for certain months so that he can look after his wife.
12. In the aforesaid circumstances, this writ petition is disposed of that petitioner be allowed to work at any branch of Canara Bank within the District Jhansi for a period of six months, with a clear understanding that after 6 months, the petitioner shall join at his transferred place and his period for stay shall not be extended. The petitioner has to give an undertaking in specific words to this effect.
(Saurabh Shyam Shamshery,J.)
September 11, 2025
P. Pandey
