Citation : 2026 Latest Caselaw 301 Ker
Judgement Date : 13 January, 2026
2026:KER:2154
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF JANUARY 2026 / 23RD POUSHA, 1947
WP(C) NO. 48251 OF 2025
PETITIONER:
SMT.MANJUSHA Y
AGED 45 YEARS
W/O PRAMOD, SENIOR MANAGER,
(UNDER ORDERS OF TRANSFER )
PUNJAB NATIONAL BANK, HARIPAD BRANCH
RESIDING AT POOTHOTTAL- VRINDAVAN (GNRA 21A)
HARIPAD P.O., ALAPPUZHA DISTRICT, PIN - 690514
BY ADVS.
SMT.SHAMEENA SALAHUDHEEN
SMT.JELEETTA GREGORY
SRI.B.RAVISANKAR
SMT.ASTRID STEREENA MATHEW
RESPONDENTS:
1 THE CHIEF MANAGER (HRD)
PUNJAB NATIONAL BANK, CIRCLE OFFICE,
VAISHNAVI TOWER, KUMARICHANTHA,
THIRUVANANTHAPURAM, PIN - 695026
2 THE CIRCLE HEAD
PUNJAB NATIONAL BANK, CIRCLE OFFICE,
VAISHNAVI TOWER, KUMARICHANTHA,
THIRUVANANTHAPURAM-, PIN - 695026
3 THE ZONAL MANAGER
PUNJAB NATIONAL BANK, ZONAL OFFICE,
PNB TOWERS NO.46-49 RH ROAD, ROYAPETTAH
CHENNAI, PIN - 600014
2026:KER:2154
WP(C) No.48251 of 2025
2
4 THE BRANCH MANAGER
PUNJAB NATIONAL BANK, BO ALLEPPEY MAIN PB 3812,
MULLACKAL ALLEPPEY, PIN - 688011
5 REKHA. R
BRANCH MANAGER PUNJAB NATIONAL BANK,
BO HARIPAD ACE TOWER-2, IX-632
KATCHERI JUNCTION, HARIPAD, PIN - 690514
BY ADVS.
SRI.ABEL TOM BENNY
SRI.D.PREM KAMATH
SRI.TOM THOMAS (KAKKUZHIYIL)
SRI.AARON ZACHARIAS BENNY
SRI.V.G.SANKARAN
SRI. MATHEW ANGELO DAVIS
SMT.TESSA ROSE
SMT.JYOTHIKA KRISHNA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:2154
WP(C) No.48251 of 2025
3
JUDGMENT
Dated this the 13th day of January, 2026
The petitioner, who is a Senior Manager (Manager
Scale-3) in the Punjab National Bank and who has just
completed 15 months in the present station, is aggrieved by
the illegal transfer order issued by the 1 st respondent in the
middle of the Academic Year, totally violating the Transfer
Guidelines to wreak vengeance against the petitioner, who
refuses to join any political union.
2. The petitioner has joined the present station
only in July, 2024 and the tenure specified is three years. It is
before completing the tenure that the petitioner is being
transferred in violation of the Transfer Guidelines.
3. The petitioner had to undergo many
hardships to secure admission to her 13 year old daughter in
the present School. She had to fight a legal battle and in the
meanwhile, the child lost four months of her classes. Transfer 2026:KER:2154
to Alleppey will cause much more hardships as there is no KV
in the vicinity and the child will have to travel 76 Kilometres a
day, which can affect the studies of a 13 year old girl.
4. The posting of the 5 th respondent in the
Branch on deputation, initially as per Ext.P5, on the very same
date as Ext.P4, clearly evidences the concocted move on the
part of respondents 1 and 2. Thereafter, just prior to the
issuance of Ext.P10, Ext.P9 was issued, posting the 5 th
respondent at Haripad. These facts bring to light the mala fide
intentions of the official respondents and therefore, warrant
the immediate interference of this Court to set aside Ext.P9
order.
5. I have heard the learned counsel for the
petitioner and the learned Standing Counsel representing the
respondents.
6. Standing Counsel representing the
respondents denied all the allegations made by the petitioner
in the writ petition. The Standing Counsel submitted pursuant 2026:KER:2154
to the transfer order, the petitioner has already been relieved
and an incumbent has taken the position of the petitioner. The
petitioner has also reported to the transferred office.
7. I find that the petitioner has raised grievance
on medical as well as educational grounds and has explained
the personal hardship caused to her by the premature
transfer. The petitioner has filed Ext.P11 representation in this
regard before the 2nd respondent.
8. In the facts of the case, I am of the view that
the 2nd respondent shall consider Ext.P11 sympathetically and
pass appropriate orders thereon within a reasonable time.
The writ petition is therefore disposed of directing the
2nd respondent to consider Ext.P11 and pass appropriate
orders thereon within a period of one month.
Sd/-
N.NAGARESH JUDGE spk 2026:KER:2154
APPENDIX OF WP(C) NO. 48251 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMMUNICATION DATED 04.06.2024 ISSUED BY THE CHIEF MANAGER, HRD KOZHIKODE Exhibit P2 A TRUE COPY OF THE TRANSFER ORDER DATED 12.06.2024 ISSUED BY THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE DISCHARGE SUMMARY FROM THE DEPARTMENT OF OBSTETRICS & GYNAECOLOGY & INFERTILITY CLINIC OF KIMS HOSPITAL, TRIVANDRUM DATED 10.05.2024 Exhibit P4 A TRUE COPY OF THE TRANSFER ORDER NO.
CO-TVM/HRD DATED 26.11.2025 ISSUED BY THE 1ST RESPONDENT Exhibit P5 A TRUE COPY OF THE EMAIL COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 26.11.2025 Exhibit P6 A TRUE COPY OF THE TRANSFER POLICY OF THE PUNJAB NATIONAL BANK DATED 28.2.2025 Exhibit P7 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE RHEUMATOLOGIST OF ASTER MEDICITY DATED 1.12.2025 Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28.11.2025 Exhibit P9 A TRUE COPY OF THE TRANSFER ORDER DATED 12.12.2025 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT Exhibit P10 A TRUE COPY OF THE ORDER NO.
COTVM/HRD/PERSONAL DATED 15.12.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P11 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 03.01.2026 BEFORE THE 2ND RESPONDENT
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