Transfer orders must comply with established guidelines, and medical conditions should be considered in such decisions.

JUDGMENT

(Dated this the 8^th day of January, 2024)

The petitioner challenges Ext.P1 Transfer Memorandum dated 21.06.2023 where by the petitioner was transferred from Kareepra Branch in Kollam to Alappuzha and directed to be deployed in Pathanamthitta District. The petitioner joined with the service of the Kollam District Co-operative Bank Ltd., as per advice dated 31.12.2001 and 04.01.2002 of the District Officer of Kerala Public Service Commission, Kollam. After completing 20 years of service, she was promoted as Bank Manager and posted in different branches of the bank in Kollam District itself.

2. On receipt of the transfer order, the petitioner submitted representation before the Hon’ble Minister for Co-operation, highlighting her compassionate reasons and posting in the same branch itself. Another representation was filed on 09.07.2023 before the Hon’ble Finance Minister, but no orders are passed till date. Ext. Nos.P5, P6, P7 and P8 are the Medical Records which show that she had Gynecological problems after admission on 24.07.2023 and had undergone major surgery on 27.07.2023.

3. The learned counsel for the petitioner argues that Ext.P1 transfer order dated 21.06.2023 was issued in violation of the guidelines of the transfer. Therefore, the petitioner seeks the following reliefs:-

i. To issue a writ of certiorari, any other appropriate writ, order, or direction, calling for the records leading upto the issuance of Ext.P1 order and quash the same to the extent it relates to the petitioner forthwith;

ii. To issue a writ of mandamus, any other appropriate writ, order or direction, commanding the respondents to forebear from implementing Ext.P1 order of transfer to the extent it relates to the petitioner forthwith;

iii. To issue a writ of mandamus, any other appropriate writ, order or direction, commanding respondents 1&2 to cancel the name of the petitioner from Ext.P1 order forthwith and issue further orders to retain the petitioner at the places she has opted on extreme compassionate and medical grounds;

iv. To dispense with the production of English Translation of vernacular language;

AND v. To issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the fact and circumstances of the case to meet the ends of justice.”

4. A notice was issued from this Court to the 4^th respondent, and having accepted the notice, the 4^th respondent has not appeared before this court.

5. A counter affidavit is filed on behalf of respondent Nos.1 to 3, in which it is submitted that there is no violation of the fundamental rights of the petitioner. The bank has framed definite guidelines for transfer, and the government approved it. Ext.R1 (a) is a transfer policy approved by the Government. An employee like the branch manager, cannot be retained in any area or district for more than the period provided by the transfer norms. Going by the norms, a person holding the post of Assistant Manager and above should be transferred strictly, adhering to the orders transferred every three years. Earlier, the petitioner was included in the transfer list on 30.05.2023, and she was transferred to Aruvappulam Branch. The petitioner filed a representation against the transfer, which was favorably considered. The petitioner was transferred to Alappuzha region with a direction to give posting convenient to the petitioner. Ext.R1(b) is the relieving order dated 19.07.2023 by which the petitioner was relieved from the duties of the Kareepara Branch on the A.N of 19^th July 2023.

6. In the reply affidavit, the petitioner has produced Ext.Nos.P26 and P27 representations filed before the 2^nd and 3^rd respondents, in which she highlights the medical treatment and the surgery she had to undergo and prays for a posting in the parent branch or in the branches in which she has given options.

7. The learned counsel for the petitioner further submits that vacancies are available in the 3^rd respondent’s office and she can be accommodated without disturb