IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY THIS THE TENTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.18839 of 2014 Between: K.V.V.Krishna Rao . PETITIONER And Andhra Pradesh Grameena Vikas Bank, Rep.by its Chairman, Ramnagar, Hanmakonda, Warangal and 2 others . RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No.18839 of 2014
ORDER:
Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.
This writ petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, declaring the action of the 1st respondent Bank in issuing transfer proceedings vide Office Order No.PER & HRD/14-15, dated 24.06.2014 transferring him from the regional office at Vizianagaram to Ramabhadrapuram Bank as arbitrary, illegal and contrary to the transfer policy.
The petitioner is Scale-II Officer working in the respondent Bank. He is due to retire in February 2015. At this stage, the respondent Bank transferred him to Ramabhadrapuram Branch which is a place far away from his native town Vizianagaram. The petitioner submitted that his transfer is contrary to transfer policy and he placed before this Court Clause-6(5) of that policy which is reproduced hereunder:
“Officer during the period of three years preceding his/her retirement shall ordinarily be posted at his/her hometown or nearest office or a place of his/her choice to enable him/her to make arrangements for rehabilitation/resettlement in good time.”
Therefore, according to the petitioner, the respondent bank ought not to have transferred him at the fag end of his service. It is submitted that the petitioner has been suffering from health problems and he has to discharge some family commitments and therefore, he made a representation to the 2nd respondent on 28.06.2014 requesting him to retain him at regional office, Vizianagaram and the same is pending with the respondents.
The learned counsel appearing for the petitioner invited the attention of this Court to the Transfer Police Guidelines No.13 of Andhra Pradesh Grameena Vikas Bank under which an officer/employee will have the privilege to request for posting to their place(s) of choice 2(two) years prior to their respective dates of superannuation and every effort will be made to accede to such request as far as practicable.
On the other hand, the learned counsel appearing for the respondent bank contends that on administrative grounds the respondent bank can transfer any officer/employee to any place notwithstanding the aforesaid guidelines.
Having heard the learned counsel appearing on either side and having regard to the fact that the petitioner is due to retire in 8 moths, the respondents are directed to consider the representation of the petitioner dated 28.06.2014 in accordance with the Transfer Policy Guidelines No.13 of the Andhra Pradesh Grameena Vikas Banks and pass appropriate orders thereon, within a period of 2 (two) weeks from the date of receipt of a copy of this order.
The Writ Petition is accordingly disposed of. No order as to costs.
Pending miscellaneous petitions, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 10.07.2014 Dsr Note:
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