IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 1755 of 2002 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated ______ in WP NO : 13993 OF 2002 on the file of the High Court.) Between: 1 Canara Bank Rep. by Chairman and Managing Director A Government of India Undertaking, having its Head Office at 112, J.C.Road, Bangalore 2 The General Manager, Canara Bank Personnel Management Section Personal Wing, Head Office112, J.C.Road, Bangalore 3 The Divisional Manager, Canara Bank Personnel Management Section Head Office112, J.C.Road, Bangalore ..... APPELLANT(S) AND 1 The Canara Bank Officers Association Rep. by Assistant General Secretary, sri B.Ranga Rao, A Registred Trade Union having Regional Officer at 3-6-130/A Aditya Apartments, Himayathnagar, Hyderabad 2 Government of India Rep. by Special Secretary (Banking), Ministry of Finance Department of Economic affairs (Banking Division), New Delhi .....RESPONDENT(S) P.T.O. WRIT APPEAL NO : 1026 of 2003 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 17/06/2002 in WP NO : 4593 OF 2001 on the file of the High Court.) Between: ..... APPELLANT(S) AND 2 . .....RESPONDENT(S) Counsel for the Appellant:MR.V.AJAYAKUMAR Counsel for the Respondent No.: MR.B.NALIN KUMAR The Court made the following : THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NOS.1755 OF 2002 AND 1026 OF 2003 COMMON JUDGMENT: (Per SK,J) In Writ Petition Nos.13993 of 2000 and 4593 of 2001, the Officers’ Associations of the two appellant Banks challenged the Circulars issued by the Banks, whereby Officers who were transferred were declared ineligible for reimbursement of the charges of hotel accommodation incurred by them on joining at new places of postings. The appellant Banks contended before the learned single Judge that Regulation 25 of the Service Regulations posits that Officers are not entitled as of right to residential accommodation and therefore, it was not necessary for the Banks to reimburse the Officers on transfer, just because they incurred additional expenditure towards hotel accommodation at the new place of posting. The learned Judge however took note of Regulations 41 and 42 which provide for grant of and the quantum of halting allowance to such Officers on transfer. As rightly pointed out by the learned Judge, the proviso to Regulation 42(4) confers a discretion on the Banks to consider on merits the grant of halting allowance, subject to a maximum period of 15 days, to an Officer for having incurred additional expenditure in the process of taking over charge for reasons beyond his control at the new place of posting. In fact, realizing that the thrust of the impugned circulars may conflict with the provisions of Regulation 42(4), the learned counsel for the Banks had attempted to restrict the potential of the impugned circulars, arguing that in appropriate cases, the circulars would not disable the Banks from exercising their discretion as regards granting of halting allowance to an Officer who had incurred additional expenditure in the process of taking over charge at the new place of posting, for reasons beyond his control. Taking note of the above circumstances, the learned Judge held that whenever Officers were posted on transfer and residential accommodation was not available to such Officer at the new place of posting and when such an Officer incurred additional expenditure in the process of taking over charge, for reasons beyond his control, the Banks would continue to be under an obligation under the proviso to Regulation 42(4) of the Service Regulations to consider whether halting allowance should be sanctioned to such an Officer, subject to a maximum period of 15 days or till such time Quarters are made available to him, whichever is earlier. The learned Judge, by his common order dated 17.06.2002, disposed of the writ petitions filed by the Officers’ Associations of the Banks with the above observation. It is stated before us that pursuant to the above Order the Banks have been exercising their discretion in appropriate cases and have been sanctioning halting allowance to the Officers on transfer. In the light of the construction placed upon the impugned circulars so as to avoid conflict between such circulars and the Regulations, more specifically Regulation 42(4) of the Service Conditions of such Officers, we find no reason to interfere with the common order of the learned Judge under appeal. Both the Writ Appeals are accordingly dismissed. No costs. _____________________ B.PRAKASH RAO, J. ____________________ SANJAY KUMAR, J. 8th October, 2009. VGSR