Jyoti Singh DECISION
Jyoti Singh, J.
CM APPL. 13511/2020
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
CM APPL. 13512/2020
3. In view of the reasons stated in the application, the same is disposed of with a direction to the Applicant to pay the requisite Court Fee and place on record duly attested Affidavits, within a period of one week of lifting of the lockdown.
4. Application stands disposed of.
W.P. (C) 3775/2020 & CM APPL. 13510/2020
5. Present Writ Petition has been filed by the Petitioner, challenging the Transfer Order dated 18.05.2020 whereby the Petitioner has been transferred from Dehradun to Bhopal Circle. A direction is also sought to continue the services of the Petitioner within Delhi Circle, as per the State Bank of India Inter Circle Transfer Policy dated 01.01.2020.
6. Learned Counsel for Petitioner points out that the impugned transfer order is in the teeth of the aforesaid Transfer Policy, inasmuch as there cannot be an inter-circle transfer.
7. Learned counsel has drawn the attention of the Court to Clause 9.5, which deals with the Transfer Policy for Specialist Officers. Relevant para is as under:
"9.5 Transfer Policy for Specialist Officers
Keeping in view the requirements of the Bank in respect of the specialized expertise provided by Specialist Officers and to facilitate their career development, the following guidelines have been formulated for transfer of officials in the Specialist Cadre
i. Tenure: The maximum period of stay of specialist officers at any one centre/office will be fixed at 7 years.
ii. Scope of transfer:
a) Transfer of all specialist officials in SMG Scales will be effected on all India basis.
b) While transfer of officials in JMG/MMG Scales will be effected within the parent Circle, should the exigencies of service so warrant, such officials will be subjected to transfer outside the Circle, in case no other positions are available within the same Circle or in case of transfers to Corporate Centre.
iii. Authority Structure for transfers:
a) Transfer of officials in SMG Scales will be effected by Corporate Centre.
b) Transfer of officials in JMG/MMG Scales posted at Corporate Centre Departments/establishments and inter-circle transfers will be effected by the Corporate Centre.
iv. Transfer of officials in JMG and MMG Scales will ordinarily be effected by the Circle Authorities on the basis of the laid down norms,
v. To mitigate hardship to the of
Cases Referred:
Shilpi Bose and Ors. vs. State of Bihar and Ors. MANU/SC/0147/1991; N.K. Singh vs. Union of India (UOI) and Ors. MANU/SC/0091/1995; State of U.P. and Ors. vs. Siya Ram and Ors. MANU/SC/0585/2004; National Hydroelectric Power Corporation Ltd. vs. Bhagwan and Ors. MANU/SC/0549/2001
ficials, transfers will be effected to coincide with the academic year to the extent possible.