Extracted from the PDF above. The PDF is authoritative.
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CGHC010274182026
2026:CGHC:31146
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5528 of 2026 Sourabh Bhattacharya S/o Sapan Bhattacharya Aged About 36 Years R/o 79 MLA Nagar Baikunthpur District Koriya (C.G.) Pin 497335 Mob No. 9340125291
... Petitioner versus 1 - Indian Overseas Bank (Through Its Managing Director/Chairman And Ceo, Head Office) 2 - Regional Manager/ Chief Regional Manager, Indian Overseas Bank Regional Office, Raipur (C.G.)
... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. N. K. Shukla, Senior Advocate alongwith Ms. Priya Mishra, Advocate Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 22/07/2026
1. By the present writ petition, the petitioner, who is working as Assistant Manager in Indian Overseas Bank, seeks quashment of the posting order dated 24.04.2026 (Annexure P/1), whereby he has been posted at Samalwar Branch, District Dantewada, and SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.07.23 10:34:28 +0530
2 further seeks a direction to the respondent Bank to consider and decide his pending representations (Annexures P/3 and P/4).
2. (a) Learned Senior Counsel appearing for the petitioner submits that the petitioner is presently working as an Assistant Manager under the respondent/Indian Overseas Bank. He submits that the petitioner was initially posted at Akluj Branch, District Solapur, Maharashtra, and was subsequently transferred to District Nashik and other places later on. Thereafter, on his own request, the petitioner was transferred to the Raipur Region vide order dated 19.04.2026 (Annexure P/2) to enable him to take care of his aged and ailing parents residing at Baikunthpur. It is submitted that after joining in the Raipur Region, the petitioner was directed to be posted to Samalwar Branch, District Dantewada vide impugned
order dated 24.04.2026 (Annexure P/1), which is situated at a distance of near about 650 kms from Baikunthpur, causing him severe hardship in taking care of his parents. (b) By referring to Clause 9 of the Transfer Policy of the respondent Bank, learned Senior counsel submits that transfer on compassionate grounds may be considered in cases involving prolonged illness of an employee, spouse, children or dependent parents, subject to the employee making a request supported by medical certificates. He submits that though the petitioner submitted representations dated 17.06.2026 and 25.06.2026 (Annexures P/3 & P/4 respectively), requesting that he be continued or adjusted at Baikunthpur till the condition of his
3 parents stabilizes, the said representations have not been considered till date. It is, therefore, contended that the respondent authorities be directed to consider and decide the petitioner's pending representations in accordance with law and the transfer policy. 3. I have heard learned counsel for the petitioner and perused the material available on record. 4. For the sake of convenience, the relevant part of Transfer Policy of the respondent/ Bank is quoted hereinbelow :-
“9. TRANSFER
ON
OFFICERS
-
ON COMPASSIONATE GROUNDS / MEDICAL GROUNDS
1. The following shall normally be the grounds for considering the transfer on compassionate grounds: a) A prolonged illness of a serious nature of the employee or spouse or children or dependent parents etc. for which the request should be supported by medical certificates. b) Any other ground which deserves extreme compassion including death / serious accident of a dependent family member etc. c) Officers who have spent earlier part of their service in one place, may be considered at the discretion of Management only.”
5. From a bare perusal of the aforesaid policy shows that a request seeking transfer on compassionate grounds on account of prolonged illness of dependent parents is required to be
4 supported by relevant medical certificates. However, from a perusal of Annexure P/3, it appears that the petitioner has made only a general request, which has not been accompanied by the requisite medical documents as contemplated under the Transfer Policy. Since the said request has also not been considered by the competent authority, this Court is of the opinion that the petitioner should approach the concerned authority by submitting a fresh representation along with the relevant medical certificates. 6.
In view of the above, and considering the prima facie grievance of the petitioner that his aged parents are suffering from ailments and are residing at Baikunthpur, and in the interest of justice, this writ petition is disposed of with a direction to the petitioner to submit a fresh representation before the competent respondent authority/ Bank, along with all relevant medical certificates, within a period of 15 days from today. In the event of filing such representation, the respondent authorities shall consider and decide the same strictly in accordance with law and Clause 9 of the Transfer Policy, preferably within a period of 20 days from the date of its submission. 7. With the aforesaid direction, the writ petition stands disposed of. Sd/-
(Bibhu Datta Guru)
JUDGE $. Bhilwar