IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6663 of 2010 1. UMA SHANKAR DWIVEDI @ DWIVEDY, S/O SRI RAM KISHORE DWIVEDI, R/O VILLAGE-KATAHARIYA, P.S.- KALYANPUR,DISTRICT-EAST CHAMPARAN (MOTIHARI). Versus 1. THE GENERAL MANAGER,BANK OF INDIA, HUMAN RESOURCES DEPARTMENT, STAR HOUSE, C-5, G.BLOCK,BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI. 2. THE ZONAL MANAGER, BANK OF INDIA, PATNA ZONE, CHANKEYA PALACE, R.BLOCK, PATNA. 3. DY. GENERAL MANAGER,BANK OF INDIA, PATNA ZONE, CHANKEYA PALACE, R.BLOCK, PATNA. 4. THE BRANCH MANAGER, BANK OF INDIA, BORING CANAL ROAD BRANCH , PATNA. 5. THE BRANCH MANAGER, BANK OF INDIA, BAILEY ROAD BRANCH,PATNA. 6. THE BRANCH MANAGER, BANK OF INDIA, DANAPUR BRANCH,DANAPUR. ----------- For the petitioner : M/S. Pushkar Narain Shahi & Birendra Kumar, Advocates. For the Bank : Mr. Shivaji Pandey, Senior Advocate. ===== 04. 30.04.2010 Heard learned counsel for the petitioner and Bank of India (hereinafter referred to as the “Bank”). 2. Petitioner is aggrieved by the order dated 25.3.2010, Annexure-4, whereunder the Branch Manager, Danapur Branch of the Bank has relieved him to join the Dehri-on-Sone Branch of the Bank. It is submitted on behalf of the petitioner that earlier he was posted at Baidrabad Branch of the Bank wherefrom he was transferred to Dehri- on-Sone Branch on deployment basis under order dated 7.3.2006, Annexure-1, where he remained until deployed to join the Boring Canal Road Branch on 16.4.2009, wherefrom he was deployed to Baily Road Branch on 25.2.2010 and thereafter to Danapur Branch on 20.3.2010. It is submitted on behalf of the petitioner that having completed three years at Dehri-on-Sone Branch he was brought to Boring Canal Road Branch on 16.4.2009 and without permitting him to continue in the Boring Canal Road Branch or any other Branch - 2 - situate within a distance of 100 K.M. for about three years under the impugned memo he has again been transferred to Dehri-on-Sone Branch and such transfer is violative of the transfer policy of the Bank formulated in the light of the provisions of 8th Bipartite Settlement dated 2.6.2005 and the Schedule-V attached thereto contained in Annexure-6 to this application under administrative circular dated 27.5.2006, Annexure-5 to this application. In this connection, reference is made to the following provisions of Circular dated 27.5.2006: “(iv).While identifying the staff member(s) to be deployed from one Centre to another, the principle to be followed should be that the clerical staff member, having the shortest tenure at the concerned Centre, should be considered for such deployment, before the other staff members who are having a comparatively longer tenure in the said Centre. However, the Clerical staff members who have come to the said centre on transfer from some other Centre, as also the lady staff members who have joined the Bank’s service at the concerned Centre on compassionate grounds, shall be exempted from being deployed to any other Centre, for a period of 5 years from the date of their joining the Bank’s service at that Centre.” and Clause (iv) and (v) of Schedule-V appended to the 8th Bipartite Settlement :- “(iv). The period of deployment shall be 2 years in a difficult Centre decided by the Bank in accordance with the - 3 - Government guidelines and three years in other Centres. (v). Repatriation to the original Centre shall be after serving in the deployed Centre for period as in (iv) above. In case it is not administratively possible for the Bank to repatriate the employee to his original Centre after the above period, the employee may be required to give 3 Centres of his choice so that he can be transferred to any one of the 3 Centres opted by him.” 3. With reference to the aforesaid provision it is submitted that having deployed the petitioner at the Boring Canal Road Branch on 16.4.2009 petitioner should have been allowed to continue either in the Boring Canal Road Branch or any other Branch which was situate within a distance of 100 K.M. of the said Branch for a minimum period of three years. 4. Counsel for the Bank has opposed the aforesaid submissions. He states that petitioner was transferred from Baidrawad Branch to Dehri-on-Sone Branch under order dated 7.3.2006, Annexure-1 and his posting in the Dehri-on-Sone Branch still continues and the posting in the Boring Canal Road Branch is only by way of deployment, may be digressing the policy of deployment within a distance of 100 K.M. the fact, however, remains that his salary and emoluments are being paid from the Dehri-on-Sone Branch and his posting in the Boring Canal Road Branch is not by way of transfer but only by way of deployment. 5. Without going into the question whether petitioner has been deployed in the Boring Canal Road Branch or has been - 4 - transferred, I observe that petitioner having completed about three years tenure in the Dehri-on-Sone Branch was posted or deployed in the Boring Canal Road Branch on 16.4.2009 and in the light of the circular letter dated 27.5.2006 and the Schedule-V of the Bipartite Settlement should have been ordinarily allowed to continue in the Boring Canal Road Branch or any adjoining Branch situate within a distance of 100 K.M. for a period of three years from 16.4.2009 but considering the fact that there is shortage of staff as has been submitted by the counsel for the Bank he has again been sent back to the Dehri-on-Sone Branch to meet the exigencies of the situation in the circumstances this Court cannot hold that sending back of the petitioner to Dehri-on-Sone is wholly without jurisdiction. The management of the Bank is to post and deploy the personnel considering the exigencies of the situation but in order to ensure that the discretion in effecting transfer or deployment is not exercised in an arbitrary manner policy and circulars have been framed. In my opinion, therefore, the Bank while considering transfer or deployment is required to observe the contents of the circular letter dated 27.5.2006, Annexure-5 and the Schedule-V of the 8th Bipartite Settlement so far it is practical to meet the exigencies of the situation which the Bank has to meet for ensuring adequate banking services to its customer. 6. Having heard counsel for the parties, I direct the Zonal Manager of the Bank to consider the exigency of the situation prevailing within the Zone and thereafter to undertake the - 5 - comprehensive exercise of transfer/deployment in the light of the policy guidelines indicated in the Circular dated 27.5.2006 and Schedule-V appended with the 8th Bipartite Settlement dated 2.6.2005, Annexure-6 and pass reasoned order considering the request of the petitioner to permit him to continue in any of the Branch situate within 100 K.M. of the Boring Canal Road Branch. The Zonal Manager should take appropriate decision, as early as possible, in any case within one month from the date of receipt/production of a copy of this order. 7. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)