Heard learned counsel for petitioner and Shri Vinay Shankar, learned counsel for respondents no. 2 & 4.
With the consent of learned counsel appearing for the contesting parties, the matter is finally being decided.
Under challenge is transfer order dated 01.07.2021, a copy of which is annexure 1 to the petition, by which the petitioner has been transferred from Kanpur Regional Office to Baghpat/Agra Circle Office. Also under challenge is order dated 31.07.2021, a copy of which is annexure 2 to the petition, by which the representation preferred by the petitioner has been rejected.
The grounds taken by the petitioner for raising challenge to the impugned transfer order are (a) the father of the petitioner is aged more than 80 years and (b) various matrimonial cases are pending at Unnao which requires the petitioner to appear in the same along with his father and hence it is prayed that the petitioner may be accommodated nearby Kanpur or Unnao.
On the other hand, Shri Vinay Shankar, learned counsel for the respondent bank submits that it is the prerogative of the employer to transfer employees at any place and despite the petitioner having submitted his representation in this regard, the same was not found feasible and hence has been rejected and therefore there is no infirmity and illegality with the impugned transfer order.
Shri Vinay Shankar also submits that the petitioner has already been relieved on 20.07.2021 and has not submitted his joining at the transferred placed and is unauthorisedly absent from duty.
To this learned counsel for petitioner contends that the petitioner would submit his joining by 31.08.2021 at the transferred place and prays that thereafter the competent authority be required to consider the case of the petitioner sympathetically in accordance with the rules, to which Shri Vinay Shankar has no objection.
Accordingly, it is provided that in case the petitioner submits his joining at the transferred place by 31.08.2021 and thereafter he submits a representation to the competent authority for seeking his transfer, the same would be considered in accordance with law and the relevant rules within a period of four weeks from the date of submission of the representation.
In view of the aforesaid, the writ petition is disposed of.
It is made clear that this Court has not interfered in the impugned transfer order.
Order Date :- 27.8.2021 J.K. Dinkar