Court No. - 39
Case :- WRIT - A No. - 17521 of 2018 Petitioner :- Vivek Gautam Respondent :- The Union Of India And 5 Others Counsel for Petitioner :- Vijay Gautam,Vinod Kumar Mishra Counsel for Respondent :- A.S.G.I.,Abhishek Mishra
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Shri Vinod Kumar Mishra, learned counsel for the petitioner, Shri Abhishek Mishra, learned counsel for the respondents no. 2 to 6 and Shri Rajesh Kumar Vidyarthi, learned counsel, who has filed Vakalatnama on behalf of respondent no. 1.
The petitioner in the writ petition is seeking quashing of the order dated 2.6.2018 whereby he has been transferred to Bangalore Branch of Syndicate Bank where the petitioner has joined with a further direction to the respondents to post him at Mathura or any nearby district in the State of U.P. The contention of the petitioner, however, is that his wife is an employee of the State Government and is working as Assistant Teacher in a Primary School at Mathura and therefore he should be posted at Mathura or any nearby district in the State of U.P. Earlier the petitioner was posted at Amrawati Maharastra and from there he was transferred to Agra vide order dated 10.8.2013 and from October, 2014 he has been posted at Susani Branch of Syndicate Bank, Hathras, U.P.
The petitioner has not been able to show any Rules or Regulation or Statutory Order providing that husband and wife should be posted at the same place. The petitioner is relying upon an Office Memorandum of the Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training), New Delhi dated 30.9.2009 but he has not been able to show as to how the office memorandum of the Central Government issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), New Delhi is applicable to the Bank.
We therefore find no merit in the writ petition and the same is accordingly dismissed.
Order Date :- 18.8.2018 o.k.