High Court directed State Bank of India to assess individual grievances and medical grounds of employees challenged about their redeployment from Nagpur to Chandrapur.
Respondent Bank directed to assess grievances, examine medical grounds, and take decision on redeployment within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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0403wp3461 of 2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
WRIT PETITION NO.3461 OF 2020 Shri Vinod D. Meshram and others
Versus
State Bank of India and another
Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order
Mr. A.D. Mohgaonkar with Mr. R.R. Pimpalkhute, Advocates for Petitioners.
Mr. M. Anilkumar, Advocate for Respondents.
CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.
DATE : 4 MARCH 2021
P.C.:
This Petition is filed by 28 employees of ‘Clerical Cadre’, of the Respondent- State Bank of India. They have challenged their orders of redeployment dated 18 August 2020, 25 August 2020, 26 August 2020, 27 August 2020, 29 August 2020, 1 September 2020, 2 September 2020 and 3 September 2020.
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to all the Chief General Managers in respect of the transfer policy which is to be finalized and it is stated therein that the promotion and transfer should be put on hold until the policy is revised. Based on this communication, it is sought to be contended that the Petitioners have been hastily transferred from Nagpur to Chandrapur where they will be redeployed. It is also sought to be contended that there is no such requirement at Chandrapur and there are enough posts which are already vacant.
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upon us to do. The second position that we note is that when the staff from Nagpur were redeployed at Chandrapur, no Writ Petition was filed and no contention was raised before us that there is any breach of settlement. No Petition by the employees through their Union alleging breach of the terms of settlement was moved. The only contention is that the Union was taking recourse to the remedies provided under the Industrial Disputes Act, 1947. Be that as it may, this fact is relevant when the writ jurisdiction of this Court is invoked. Further the communication dated 29 May 2020 is an internal communication and not to create a right in the Petitioners. Their posts remain transferable. Therefore we made it clear to the Counsel for the parties that we will look into the individual grievances of the Petitioners regarding genuineness of their redeployment.
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within a period of three weeks from today.
(ANIL S. KILOR, J) (NITIN JAMDAR, J)
Lanjewar
Digitally signed by Prashant Prashant Lanjewar Lanjewar Date: 2021.03.09 18:16:11 +0530
2 issues framed by the court
Whether the High Court can intervene in administrative decisions regarding the redeployment of bank employees to difficult areas.
Whether the requirement of posts at the destination ground for redeployment is an administrative discretion immune from writ challenge.
Vinod D. Meshram and others
State Bank of India
Nitin Jamdar
Anil S. Kilor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
