• Transfer matter of Central Bank of India

Respected Sir
I am working in Central Bank of India and was promoted to Sr Manager (Scale III) in the promotion process for 2016-17. I am a resident of Lucknow. I was transferred to Kanpur from where I was given Jhansi and from there too a branch 27 km from Jhansi. Now in this allotment, I would like to put forth some points:
1. I was the only female candidate out of the total 20 promotees who reported to Kanpur Region on 28.4.2016.
2. During the personal interaction with Regional Manager, I was told that there are no vacancies in Kanpur. Still, the entire batch was posted in Kanpur and I was given Jhansi (300 km from Lucknow) and from there too a Branch 27 km distant. The only proper residential accommodations available are at Jhansi and I would have to travel 27 km daily (total 54 km) if I have to work there.
3. I would like to mention here that my rural stint was pending and the Branch I have been given is a semi urban which Regional Manager feels is better than a rural posting. There is a rural Branch in Kanpur itself 10 km away which has been given to a male officer who already has a completed rural tenure. 2 years of rural service is equivalent to 3 years of semi urban service so I am at more loss here since semi urban will require 3 years for completion. Moreover, how is a semi urban branch approx 330 km from Lucknow better than a rural branch approx 90 km from Lucknow. Also this rural Branch was being earlier managed by female staff only.
4. On my request to allot me the nearby rural branch I was told that since I have no experience in agricultural advances I will not be able to handle them. To this I would like to add that the branch allotted to me also has agriculture advances. So I fail to understand this plea.
5. Further, Regional Manager threatened me and my father who had accompanied me there, that if i do not join here and do not perform I will face a further remote posting. Hence, I also feel that the intention of management is biased. I feel it is a punishment posting.
6. I have put forth my requests to every authority possible also citing Ministry of Finance circular F.No.4/9/1/2014-IR dt 8.8.2014 regarding “Transfer of female employees in Public Sector Banks- minimising their hardship” which has clearly mentioned “to accommodate as far as possible placement/transfer of unmarried employee, on her request, at a place where her parents are stationed or as near as possible to that place” but no body is ready to listen to these. 
7. I am on leave since the last two months and I am thinking of presenting my matter in court. Please advise if it is the correct course of action? I also want to know what are the rules in Public Sector Banks regarding leaves. I had sent my application for leave but I have received no reply to it. I have sent 3 request applications for my transfer but even they have not been responded till date.
8. I want to know how my case stands. My parents have also been requesting to the management for transfer looking into my safety and well- being but to no avail. I am being constantly threatened of dismissal and disciplinary actions. Please advise as to what legal recourse is available to me and where does my case stand? I also want to know what possible pleas Bank can give in this matter. I want to state that at present I am not in a position to leave my family and work at such a distant place.
I had also filed an RTI to know if any policy has been framed against Ministry instructions dt 8.8.2014 and today I have received the reply and no relevant policy/guidelines have been framed in the matter. 
Please advise.

Regards
Garima Rai
Central Bank of India
Asked 6 months ago in Labour from Lucknow, Uttar Pradesh
as per said circular "PSBs are, therefore, advised to frame a policy on the subject with the approval of their Board suitably incorporating the above and take immediate action for implementation and compliance. Pending requests may also be considered under these guidelines"

2) in your case since central bank of india has failed to formulate policy as per circular issued you can file writ petition in HC to direct bank to frame such a policy 

3)in said petition you should also seek orders to direct bank to post you at a place where your  parents are stationed or as near as possible to that place” ie lucknow 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
since you are  staying in lucknow you should file writ petition in Allahabad HC . 

2) exact period for disposal only local lawyer can guide you 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Leave of all kinds cannot be claimed as a matter of right.  When the exigencies of service so require, discretion to refuse or revoke leave of any description is reserved to the authority granting it, and an employee already on leave may be recalled when considered necessary in the interests of the Bank.  

2) in your case unless leave was sanctioned you could not have proceeded on leave 

3) the management may take disciplinary action against you for unauthorised absence 

4) it is in your interest to rejoin and then move court as advised earlier 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
It is trite law now that transfer of an employee is a part and parcel of service which cannot be set aside by the courts unless it is proved that it was actuated with a malice. You do not have evidence, it seems, to prove malice.  circular F.No.4/9/1/2014-IR is directory and not mandatory in nature.You may go to court if you want but the prospects are bleak.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
You have stated that you have applied for the leave, which has neither been sanctioned or rejected, but despite that you have proceeded on leave. Except that of Casual Leave and Maternity Leave you can not take the leave without prior sanction. You can not presume that the leave has been sanctioned just by sending the leave requisition letter. It is highly unbecoming of you to proceed on leave that too for two months when it has not been sanctioned. Since you have gone on leave without the sanction, the authorities can initiate action on you by serving a show cause notice and thereafter a chargesheet which can result in your termination.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0

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