IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK, J.
B. Keziah - Petitioner
Versus
The General Manager-I - Respondent
Writ Petition No. 18536 of 2024 and 23815 of 2022
Decided On : 06-09-2024
(A) Constitution of India – Articles 14, 16 & 21 – Transfer policy – The petitioner challenged the transfer orders as illegal and arbitrary, claiming violation of transfer policy and principles of natural justice. The court found the transfer in line with established norms, allowing a fresh representation for reconsideration based on personal circumstances. (Paras 2, 15)
(B) Transfer Policy – Spouse Grounds – The court reiterated that the spouse ground for transfer can only be availed once in a ten-year block, and the petitioner had already utilized this benefit. (Paras 12, 15)
Facts of the case: The petitioner, a bank officer, contested her transfer from Hyderabad to a rural branch, citing her husband's non-transferable position and her children's ages as grounds for reconsideration. (Paras 6, 8)
Findings of Court: The court upheld the transfer as per policy but allowed the petitioner to submit a fresh request for a more suitable posting. (Paras 15)
Issues: The main issues included the legality of the transfer and the application of the spouse ground in the context of the transfer policy. (Paras 12, 15)
Ratio Decidendi: The court ruled that the transfer was consistent with the bank's policy, emphasizing the limitation on the spouse ground and the need for a fresh representation based on personal circumstances. (Paras 15)
Result: Writ petition allowed in part; fresh representation permitted.
ORDER :
Pulla Karthik, J.
Since the lis in both these writ petitions is one and the same, they are heard together and are being disposed of by way of this common order.
2. W.P.No.18536 of 2024 is filed seeking the following relief :
3. W.P.No.23815 of 2022 is filed seeking the following relief :
4. Heard Sri C. Raja Shekar Reddy, learned counsel for the petitioner in both the writ petitions, and Sri Mujib Kumar Sadasivuni, learned Standing Counsel for Telangana Grameena Bank, appearing on behalf of respondent Nos.1 to 3.
5. For the purpose of convince, W.P.No.18536 of 2024 is adjudicated hereunder.
6. Learned counsel for the petitioner submits that the petitioner was appointed as an Officer JMGS-I (Junior Management Grade Scale-I) in the respondent Bank on 24.04.2016 and was posted at Shamshabad Branch. While so, the respondents conducted a general transfer in the year 2019 and transferred the petitioner to Eliminedu Branch vide proceedings dated 13.08.2019 and since then, she has been working in the same place. Further, the petitioner’s husband is working as a Manager (E) at the office of the Chief General Manager (E), Khairatabad in Hyderabad Metropolitan Water Supply and Sewerage Board, which post is a non-transferrable one. While the things stood thus, the respondents took up transfers in the State in 2024 and as per the transfer guidelines, an employee can utilize the spouse ground once in every ten years in case their spouse is working either in State or Central Government departments. As such, when the transfers were taking place, the petitioner submitted her transfer request online on 22.04.2024 and 26.04.2024, under spouse and medical grounds, duly furnishing all the necessary details. However, without considering the same, the respondents have illegally transferred the petitioner from Eliminedu Branch (Hyderabad-I Region) to Signapur Branch in Mancherial Region, and the same is in violation of their own transfer policy.
7. It is further submitted that the petitioner submitted her online application on 22.04.2024. However, du
The spouse ground for transfer can only be utilized once in a ten-year block, and the petitioner had already availed this benefit, thus the transfer was upheld.
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.
Management has the discretion to transfer employees based on organizational needs, and courts cannot interfere in such administrative decisions unless there is a clear violation of policy.
Judicial review of transfer orders is limited; transfers made on administrative grounds are valid unless shown to be arbitrary or malicious.
Transfer policies overridden by public interest and administrative exigency; spouse posting not absolute right.
Transfer orders must be based on administrative feasibility, and personal hardships do not guarantee entitlement if guidelines are appropriately followed.
Transfer of Group 'A' railway officers in administrative interest upheld; no absolute right to spouse posting, Placement Committee approval not mandatory, mid-session/child grounds exhaustible, SC po....
Spouse posting policy requires specific reasons for denial; vague 'public interest' insufficient, allowing promotion relinquishment for retention.
Frequent transfers contravene established transfer policies and may constitute harassment, requiring reconsideration of grievances while emphasizing the importance of a conducive work environment.
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