Punjab-Haryana High Court
Sunil Kumar Tundwal vs Union Of India And Ors on 20 January, 2024
Neutral Citation No:=2024:PHHC:007668
114 2023:PHHC: 007668
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP-1271-2024
Date of decision: 20.01.2024
SUNIL KUMAR TUNDWAL ....PETITIONER
Vs.
UNION OF INDIA AND ORS. ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Aditya Yadav, Advocate
for the petitioner.
Mrs. Madhu Dayal, Advocate
for the respondents-SBI.
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JAGMOHAN BANSAL, J (ORAL)
1. The petitioner through the instant petition under Articles 226/227 of
the Constitution of India is seeking setting aside of order dated 12.12.2023
(Annexure P-10) whereby request of petitioner to continue him on the same post
of Manager at Rewari has been rejected and he has been asked to join at Jind.
2. This is second round of litigation. The petitioner on the earlier
occasion preferred CWP No. 22989-2023 before this Court which came to be
disposed of vide order dated 02.11.2023. The order dated 02.11.2023 reads as
under:-
"2. Learned counsel for the petitioner submits that as
per policy of respondent-bank, petitioner cannot be
transferred within 5 years from one region to another region.
The petitioner has been transferred from Rewari region to
Jind within less than 05 years. The wife of the petitioner is
working as Nurse at Rewari. She is working with State
Government. The petitioner is suffering chronic disease of
Ulcerative Colitis. In view of said disease, the petitioner is
not advised to get food from outside and if petitioner is
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posted at Jind, he would be forced to take food from outside.
He further submits that the petitioner is ready to work on the
lower post at Narnaul.
3. Per contra, learned counsel for the respondent
submits that it is a case of general transfer of 205 and 45
persons have been transferred out of zone. Any
accommodation to petitioner would disturb the entire transfer
process. The petitioner cannot be posted at a lower post
because it would create a lot of administrative issues.
Nevertheless, she submits that petitioner is at liberty to move
an appropriate representation which would be
sympathetically considered by the competent authority.
4. Faced with this, learned counsel for the petitioner
submits that he would submit representation which
respondent may consider in a time bound manner.
5. In the wake of statement of both sides, the petition
stands disposed of. The respondent shall consider
representation of the petitioner sympathetically."
3. The respondents pursuant to aforesaid order has passed order dated
12.12.2023 whereby despite concluding that petitioner deserves sympathy,
representation of the petitioner has been rejected on the ground that there is need
of scale III officer in Chandigarh Circle.
4. It is settled proposition of law that it is prerogative of the employer
to post its employees as per its choice. No employee can claim posting at a
particular place. The Courts are not supposed to interfere in the transfer orders
until and unless there is grave miscarriage of justice or abuse of process of law.
5. The Supreme Court in Punjab and Sind Bank and Others Versus
Durgesh Kuwar; (2020) 19 SCC 46, while dealing with question of transfer has
held that an employee cannot have a choice of posting. Administrative circulars
and guidelines are indicators of the manner in which the transfer policy has to be
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implemented. An administrative circular does not confer a vested right which
can be enforced by writ of mandamus. The relevant extracts of the said
judgment read as:-
"17. We must begin our analysis of the rival submissions by
adverting to the settled principle that transfer is an exigency
of service. An employee cannot have a choice of postings.
Administrative circulars and guidelines are indicators of the
manner in which the transfer policy has to be implemented.
However, an administrative circular may not in itself confer
a vested right which can be enforceable by a writ of
mandamus. Unless an order of transfer is established to be
mala fide or contrary to a statutory provision or has been
issued by an authority not competent to order transfer, the
Court in exercise of judicial review would not be inclined to
interfere. These principles emerge from the judgments which
have been relied upon by the appellants in support of their
submissions and to which we have already made a reference
above. There can be no dispute about the position in law."
6. Considering the factual matrix and above cited judgment of
Supreme Court in Durgesh Kuwar (Supra), this Court does not find it
appropriate to invoke its extraordinary writ jurisdiction, thus, the petition is
hereby dismissed.
20.01.2024 [JAGMOHAN BANSAL]
manoj JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Neutral Citation No:=2024:PHHC:007668
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