Sheeja vs Versus Central Bank Of India
2022 Latest Caselaw 6726 Ker

               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

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

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

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

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

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

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

Exhibit P11C TRUE COPY OF MEDICAL CERTIFICATE DATED 12-12-

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-

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

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