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2018 Supreme(Tri) 255
IN THE HIGH COURT OF TRIPURA, AGARTALA
ARINDAM LODH, J.
Sri Kivihe H. Zhimo, S/o late Hetozu N. Zhimo – Petitioners
Versus
Dena Bank, A Government of India Enterprise & Ors. - Respondents
WP(C) 826 of 2018
Decided On : 17-12-2018
For the Petitioners:Mr. SM Chakraborty, Sr. Adv Ms. M. Chakraborty, Advocate.
For the Respondents:Mr. A.L. Saha, Advocate.
The bank's transfer policy, as framed and adopted by the management, has primacy over the general transfer norm of its officers, and compliance with government directives and the management's authority to modify transfer norms are crucial in determining the validity of transfer orders.
Headnote:
Transfer - Bank Employee - Circular No. 23/04/2010-11, Circular No 420/49/2014-15 - The court discussed Circular No. 23/04/2010-11 and Circular No 420/49/2014-15, which provide special incentives for bank employees serving in the North-Eastern region. The court emphasized the preferential transfer policy and the revision of incentives for officers posted in the North-Eastern region. The court highlighted the compliance with government directives and the management's authority to modify transfer norms.
Fact of the Case:
The petitioner, a Senior Manager at a bank branch in Agartala, challenged his transfer to a new place of posting. He argued that the transfer violated established transfer policy guidelines and preferential transfer provisions.
Finding of the Court:
The court found that the bank's transfer policy, as framed and adopted by the management, has primacy over the general transfer norm of its officers. The court refrained from issuing directions but left the matter open for the competent authority of the bank to consider and dispose of the representation by a reasoned order within six weeks.
Issues: The issues revolved around the petitioner's challenge to the transfer order, citing violation of established transfer policy guidelines and preferential transfer provisions.
Ratio Decidendi: The court emphasized the primacy of the bank's transfer policy over the general transfer norm of its officers and highlighted the compliance with government directives and the management's authority to modify transfer norms.
Final Decision: The court disposed of the writ petition, leaving the matter open for the competent authority of the bank to consider and dispose of the representation by a reasoned order within six weeks.
1. Heard Mr. SM Chakraborty, learned senior counsel assisted by Ms. M. Chakraborty, learned counsel appearing for the petitioner as well as Mr. AL Saha, learned counsel appearing for the respondents.
2. Gravamen of the writ petition is that the petitioner while serving the respondent-bank as Senior Manager at its Branch at Agartala, he stood released by the impugned orders dated 06.08.2018 (Annexure 10 and 11 of the writ petition). Both the orders dated 06.08.2018 are reproduced here-in-below, for convenience:
“DENA BANK
Ref. No. KZO/HRD/R/O-545/2018
ZONAL OFFICE, KOLKATA
Date: 06.08.2018
Mr. Kivihe H. Zhimo
Senior Manager
Dena Bank,
Agartala Branch
Dear Sir,
Re: Your relieving from Agartala Branch
In terms of HO E-Mail Dated 26.06.2018 and transfer Memo vide Ref. No. KZO/HRD/)-545/2018 Dated 27.06.2018, you are hereby advised to get stand-relieved on 06.08.2018 at the close of office hours to report to your new place of posting at CHARMA (BASTAR), DURG.
Yours faithfully
Sd/
Zonal Manager”
“DENA BANK
Ref. No. KZO/HRD/R/O-545/2018
ZONAL OFFICE, KOLKATA
Date: 06.08.2018
To,
Mr. Kivihe H. Zhimo
Senior Manager
Dena Bank,
Agartala Branch
Dear Sir,
Re: Your relieving from Agartala Branch
In terms of HO E-Mail Dated 26.06.2018 and transfer Memo vide Ref. No. KZO/HRD/)-545/2018 Dated 27.06.2018, you are hereby advised to get yourself relieved after business hours of 10.08.2018 and report to your new place of posting at Charma (Bastar), Durg on 13.08.2018 i.e. on resuming duties after completion of leave period.
Yours faithfully
Sd/
Zonal Manager”
3. On receipt of those release orders, the petitioner submitted representation to the competent authority to consider his place of transfer and posting in the light of circulars dated 20.04.2010 (Annexure 2 to the writ petition) and 27.02.2015 (Annexure 3 to the writ petition) laying down policy guidelines for transfer and posting of a bank officer under the respondents. Initially, the guideline dated 20.04.2010 was issued vide circular No. 23/042010-11 which is as under:
“DENA BANK
Dena Corporate Centre, Mumbai-400051
Circular No. 23/04/2010-11
Department- PERSONNNEL
Date- 20 Apr 2010
Re: Adhoc and temporary incentives to persons belonging to other regions recruited and directly posted in North Eastern Region on their appointment in the Bank.
In terms of government guidelines officers transferred/posted from other region to North-Eastern Regions are eligible for the following incentives:
1. Retention of accommodation at the earlier place of their posting or in any place indicated of their choice and provision of free furnished single accommodation at North-Eastern Region.
2. Payment of Mid academic transfer allowance for the entire period of their stay in North Eastern Region if his/her children do not joint at North Eastern region.
3. Adhoc temporary monetary incentive @12.5% of basic pay subject to maximum of Rs. 1500 p for the duration of their active duty in North-Eastern Region.
4. Yearly leave travel concession to the place where his/her family resides.
5. Preferential transfer to any place of his/her choice (out of three places indicated) on completion of tenure of two years stay in North Eastern Region.
We are in receipt of communication from Indian Banks’ Association (IBA) vide letter No. HR&IR/MV/CIR/747/2478 dated 02/01/2010 conveying that the Government of India has clarified to IBA vide letter dated 23.11.2009 that “the incentive is applicable to both the existing employees transferred/posted from other regions to North-Eastern region as well as, new recruitees belonging to other region but are posted on their first appointment directly to North Eastern Region.
The above clarification will be effective from 23.11.2009 i.e. from the date of advise from the Government to IBA.
All concerned are advised to take note of the above and be guided accordingly.
Sd/
GENERAL MANAGER (HRM)”
[Emphasis supplied]
4. The said policy dated 20.04.2010 has further been modified vide circular no. 420/49/2014-15 dated 27.02.2015 wh
