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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
State Bank Of India – Appellant
Versus
Alex Zacharia, S/O Late M.C.Zachariah – Respondent
| Table of Content |
|---|
| 1. retired officer's entitlement to allowances based on service rules. (Para 2 , 3 , 4) |
| 2. arguments regarding the interpretation of service rules for retired officers. (Para 5 , 6 , 7) |
| 3. the court's clear reasoning about the applicability of service rules. (Para 10) |
JUDGMENT :
Sushrut Arvind Dharmadhikari, J.
The present intra-court appeal filed under Section 5 of the Kerala High Court Act , 1958, assails the judgment dated 05.10.2016 passed in W.P(C)No.19157 of 2008, whereby the learned Single Judge has allowed the writ petition.
2. The appellants herein were the respondents in the writ petition whereas the respondent was the petitioner. The respondent had filed the writ petition on the issue whether a retired officer of the State Bank of India is eligible for transfer travelling allowance and transportation charges in case he settles down in a foreign country and whether it is limited to those who settle down within India.
3. The respondent had filed the writ petition seeking for the following reliefs:
“a. Declare that the petitioner is entitled to be paid the traveling allowance on retirement by respondents 1 and 2 as per Rule 43 of Exhibit P1 Service Rules;
b. Issue a
Retired officers of the State Bank of India are not entitled to transfer traveling allowance if settled abroad, as per Rule 2(4) of the Service Rules.
The Leave Travel Concession to the Officers of the State Bank of India is confined only to “any place in India by the shortest route”. When the Rule contemplates that the Leave Travel Concession is p....
Transfer orders are valid unless they violate statutory provisions or are shown to be mala fide.
A retired government employee may only claim travel allowances from their declared hometown or post-retirement residence as specified in departmental rules, necessitating adherence to relevant guidel....
Transfer decisions by employers are largely discretionary, and personal inconveniences do not provide grounds for judicial interference unless statutory violations are evident.
Transfer orders are a condition of service; courts will not interfere without proof of mala fides or statutory violations.
If a pure administrative circular/executive instruction is in conflict with certain rules and regulations, former would be bad in law.
The Transfer Policy for lady officers allows for transfers within the same zone without invoking the three-year tenure requirement, as this applies only to inter-zonal transfers.
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