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Neutral Citation No. - 2025:AHC:35888-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 58 of 2025 Appellant :- Susheel Kumar Respondent :- Union Of India And 4 Others Counsel for Appellant :- Hari Krishna Singh,Sr. Advocate Counsel for Respondent :- A.S.G.I.,Amrish Sahai,Shruti Malviya Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner, Sri Amrish Sahai, learned counsel for respondent no.1 and Ms. Shruti Malviya, learned counsel for the bank. This intra court appeal is directed against judgment and order passed by the learned Single Judge in Writ-A No.76 of 2025 dated 8.1.2025 whereby learned Single Judge has refused to interfere in the order of transfer passed against the petitioner. The petitioner is an employee of Bank of Maharashtra, while his wife is employed in State Bank of India. The wife is presently posted at Prayagraj. The husband was at Maharashtra and has been transferred to Chitrakoot, where he joined in January, 2023. He has now been transferred to Gorakhpur on the ground that bank required his services since he is a senior person and there is greater requirement of such officers in level-3 branch.
Learned counsel for the petitioner submits that the petitioner has been serving at different locations at Maharashtra and has worked at Chitrakoot for just two years. It is submitted that in terms of the applicable policy such transfer was not due and that the inconvenience caused to petitioner due to transfer has not been factored. It is also submitted that wife of the petitioner is at Prayagraj, therefore, his transfer to Gorakhpur would cause severe prejudice to him. Ms. Shruti Malviya, learned counsel for the bank submits that petitioner holds a transferable post and transfer is an incidence of service. It is further submitted that individual inconvenience of an employee has to remain subservient to the managerial concern of the bank keeping in view the requirement of senior officers at level-3 branch.
There can be no dispute on the settled proposition that transfer is an incidence of service. It is equally true that the appellant holds a transferable post. In such circumstances, we find no good ground to interfere with the order of learned Single Judge, refusing to interfere in the order of transfer. However, in the facts and circumstances of the present case, we provide that in the event appellant joins at the transferred place, within two weeks from today, he shall be at liberty to make a representation highlighting his personal difficulties which shall be accorded consideration by taking a sympathetic view, without being influenced by the previous order passed by the bank on
31.12.2024. Such consideration shall be made within a period of six weeks of making of such representation.
Order Date :- 11.3.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad