Dismissed

T.K.Chandra Sekaran, v. The Chief General Manager

Madras HC19 Mar 2018WP/6139/2018

Case brief

AI extract

What is this about?

The petitioner challenged a transfer order moving him from Aranthangi to Tuticorin in the State Bank of India, filed under Article 226. The court held that transfer is a condition of service and found no merit in the plea since it was issued on administrative grounds, dismissing the petition.

What did the court decide?

Writ Petition dismissed; no costs; connected miscellaneous petitions closed.

T.K.Chandra Sekaran, Vs The Chief General Manager — Service and Employment | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.03.2018

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CORAM:

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THE HONOURABLE MR. JUSTICE T.RAJA

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W.P.No.6139 of 2018 and

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WMP.Nos.7564 to 7566 of 2018

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T.K.Chandra Sekaran ... Petitioner

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Vs 1.The Chief General Manager, State Bank of India, Network II, 16, College Lannne, Local Head Office, Nungambakkam, Chennai-86.

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The Regional Manager, State Bank of India, Regional Business Office, Region-2, R.M. Hospital Road, Thanjavur-613 001. ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records connected with the Impugned Letter bearing No.RBO/TNJ/HR/1918, dated 8.11.2017 by the 2^nd respondent communicating the decision of the 1^st respondent, quash the same.

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Challenging the Impugned Letter bearing No.RBO/TNJ/HR/1918, dated 8.11.2017 of the 2^nd respondent, thereby communicating the decision of the 1^st respondent, the present Writ Petition has been filed.

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Learned Counsel for the petitioner submitted that the petitioner, who is now working as a Chief Manager at Aranthangi State Bank of India Branch from 24.12.2015, has been transferred to Tuticorin through the letter of the 2^nd respondent dated 8.11.2017, though he voluntarily requested transfer to Chennai. The learned Counsel for the petitioner submitted that normally, an order of transfer can be passed only after the completion of three years. But, in the present case, before the completion of three years, the petitioner has been disturbed by way of the

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https://hcservices.ecourts.gov.in/hcservices/

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impugned transfer order transferring him from Aranthangi to Tuticorin. Hence the said transfer order has to be set aside.

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Though the learned Counsel for the petitioner submits that the petitioner is at the verge of retirement, he is not able to state the exact date on which the petitioner is going to reach the age of superannuation. Further, it is well settled principle that the transfer is not only an incident of service, but also a condition of service. While so, when the appropriate authority has decided to transfer and post the petitioner on administrative ground at Regional Business Office-2, Tuticorin as Manager (CS & CM) and accordingly, the transfer order has been issued, this Court finds no merit in the Writ Petition.

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In the result, the Writ Petition fails and the same is
accordingly dismissed. No costs. Consequently, connected
Miscellaneous Petitions are also closed.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
tsi
To
1.The Chief General Manager,
State Bank of India, Network II,
16, College Lannne,
Local Head Office, Nungambakkam,
Chennai-86.
2. The Regional Manager,
State Bank of India,
Regional Business Office, Region-2,
R.M. Hospital Road, Thanjavur-613 001.
+1cc to Mr.K.S.Vishnu Prasad, Advocate, S.R.No.21341
W.P.No.6139 of 2018
SJ(CO)
RRK(06/04/2018)

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https://hcservices.ecourts.gov.in/hcservices/

T.K.Chandra Sekaran, v. The Chief General Manager

Case brief

What is this about?

What did the court decide?

T.K.Chandra Sekaran, v. The Chief General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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