Suresh Puri vs State Bank Of Travancore And Anr
2014 Latest Caselaw 7122 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+       W.P.(C) 8652/2014 and CM APPL. 19932/2014

                                                    Decided on: 23.12.2014
IN THE MATTER OF:
SURESH PURI                                              ..... Petitioner
                          Through: Mr. Ravikesh Kumar Sinha, Advocate
                          with petitioner in person.

                          versus


STATE BANK OF TRAVANCORE AND ANR                  ..... Respondents

Through: Mr. Rajiv Kapur, Advocate with Mr. Shrey Chathly, Advocate

CORAM HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J.(Oral)

1. The petitioner has filed the present petition praying inter alia for

quashing the transfer order dated 25.09.2014 issued by the

respondents/Bank, transferring him to Kadakkavoor, Kerala. He further

seeks directions to the respondents/Bank to transfer him to any of its

branches in or around NCT of Delhi, on the ground that his father, who is

aged 84 years, has a number of health issues, and for this reason his

presence in Delhi is essential.

2. When the matter was listed for admission on 09.12.2014, learned

counsel for the petitioner was directed to file a brief affidavit, placing on

record the details of the petitioner's family members, including his

siblings/extended family in Delhi and their vocation. In the meantime,

counsel for the respondents/Bank was also directed to obtain

instructions.

3. Affidavits have now been filed by the petitioner and the

respondents/Bank.

4. In the course of arguments, learned counsel for the petitioner

states that as the respondents/Bank has taken a stand in its affidavit

that the petitioner would not be considered for promotion until he

completes the prescribed period of minimum three years of service in

the grade applicable to him, by rendering service in a rural or semi-

urban branch in terms of the Circular dated 04.09.2012, the petitioner is

willing to accept the transfer order and report for duty to the

Kadakkavoor Branch in the State of Kerala. He further states that out

of the mandatory three years' rural/semi-urban posting, the petitioner

has already completed five months, which is an undisputed position but

having regard to the health condition of his father, the respondents/Bank

may be directed to post the petitioner in a rural/semi-urban posting in

the Northern Zone, as and when a vacancy arises.

5. Learned counsel for the respondents states that if the petitioner

makes such a request, the Bank will take a view depending on the

administrative exigencies and the vacancy position at that time.

6. In view of the aforesaid submission made by the counsels for the

parties, the present petition is disposed of with liberty granted to the

petitioner to approach the respondents/Bank with a request for assigning

him rural/semi-urban posting in the Northern Zone as and when a

vacancy arises. If such a request is made by the petitioner, the same

shall be considered by the respondents/Bank in accordance with law and

subject to availability of vacancies.

7. The petition is disposed of alongwith the pending application.

                                                    (HIMA KOHLI)
DECEMBER 23, 2014                                      JUDGE
rkb