IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
BAIJU MADHAVAN S – Appellant
Versus
STATE BANK OF INDIA – Respondent
WP(C) NO. 21120 OF 2025
| Table of Content |
|---|
| 1. petitioner's acceptance of a promotional transfer implicates willingness despite health matters. (Para 1 , 2 , 3 , 4 , 5 , 6 , 10) |
| 2. transfer policies consider but may not be obligately exempt due to medical conditions. (Para 7 , 8) |
| 3. acceptance of promotion entails understanding of transfer liability. (Para 9 , 11 , 12) |
JUDGMENT
Dated this the 20th day of February, 2026 The petitioner states that he is an Ex-serviceman who has worked at various places in India including Jammu and Kashmir. The petitioner joined service under the State Bank of India as a Single Window Operator (SWO) with effect from 01.10.2009. He was promoted as a Trainee Officer thereafter with effect from 08.12.2012 and as Assistant Manager in the year 2013. As Assistant Manager, the petitioner worked at Chennai. In the year 2016, the petitioner was promoted as Deputy Manager and was posted at Thiruvananthapuram. 2. The petitioner states that he was diagnosed with Carcinoma Colon Cancer in 2021 and underwent a surgery removing a portion of his large intestine. The petitioner had to undergo 12 cycles of chemotherapy till August, 2022. The petitioner has to undergo periodical check-ups now.
3. The petitioner states that he was promoted as Chief Manager Scale IV and was posted to Chennai Circle as per Ext.P5 order dated 28.11.2024. The petitioner states that he was permitted to continue at Thiruvananthapuram in the present office as per Ext.P6 communication dated 08.01.2025. The petitioner states that while giving promotion to Scale IV, an undertaking was obtained from the petitioner that he is willing to work at any place in India. Had the petitioner did not give such declaration, the petitioner would not have been promoted to Scale IV, contends the petitioner.
4. The petitioner sought for a transfer to Chennai or Bangalore. But it was not recommended by the Assistant General Manager (HR). The petitioner states that he is under continuous treatment and sonography of abdomen result would show that there is an enlargement of liver. The petitioner is advised to undergo PET Scan at the Gastroenterology Department of Cosmopolitan Hospital.
5. The petitioner submitted Ext.P13 request for deferring the inter-circle transfer. Ext.P13 request was supported by all medical reports and was submitted through proper channel. The petitioner’s wife is a State Government employee working as Head Clerk in Government Homeo Medical College, Thiruvananthapuram. The petitioner requires care of his wife. The respondents are trying to issue relieving order to transfer the petitioner out of Thiruvananthapuram. The petitioner’s request was rejected as per Ext.P14 order dated 09.10.2025 of the 2nd respondent.
6. The petitioner points out that as per Ext.P3, Review of Transfer Policy in Public Sector Banks has been framed by the Government of India, Ministry of Finance, Department of Financial Services. In addition to the available grounds of transfer, the grounds of marriage / spouse / medical / maternity / child care / far away postings, also will be suitably incorporated. In case of spouse working in Central / State Governments, an endeavour to post them in the same place / region or nearby place / region be made. The petitioner is suffering from Carcinoma Colon Cancer. The petitioner requires continued specialty treatment, which he is availing from Thiruvananthapuram. The petitioner requires speciliased diet. In such circumstances, the petitioner’s transfer out of Kerala, is highly arbitrary and violative of the policy guidelines issued by the Government of India. The respondents are compellable to retain the petitioner in Kerala, contends the petitioner.
7. The respondents entered appearance and resisted the writ petition. The respondents stated that the petitioner had accepted his promotion based on Ext.R1(a), understanding the fact that he could be transferred anywhere in India as per administrative exigencies. The Bank took note of the communication dated 26.11.2024
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