The Allahabad High Court recently rejected the transfer order of a Central Bank of India employee as his wife is permanently disabled with 100% disability.
The bench of Justice Rajesh Singh Chauhan has observed in this case that the employee is the caretaker of his wife (as defined under Section 2 (d) of the Rights of Persons with Disabilities Act, 2016). So, as per the bank’s policy, the employee must be exempted from the routine rotational transfer.
In April 2022, the Central Bank of India listed the transfer of 163 employees serving in various zones. The instant petitioner (Scale-2 officer in the bank) was of the employees who the bank transferred.
The employee challenged his transfer order because he is the sole caretaker of his wife, who is a permanently disabled person. According to the policy of Transfer of Mainstream/ Specialized Officer in Scale- 1, 2 & 3 of the Bank read with DOPT’s memorandum issued in October 2018; the employee cannot be transferred as a part of the routine.
The counsel of the employee has put up an argument that the employee is the caregiver of his wife, who has 100% permanent disability. Hence, he must be given the benefit of his policy of the Bank vide item No.1.2, which says that any transfer of an employee, be it rotational or routine, can be exempted from such transfer.
Further, the court stressed that the rotational bank transfers are meant for people who any compassionate or beneficial policy has not protected. The Court also added if an employee has been protected from any beneficial or compassionate policy, the same must not be ignored unless there is an administrative reason to transfer the employee.
Further, the Court quashed the order to transfer the employee from Lucknow to Cooch Behar, Kolkata. However, in place of the employee, someone has submitted his joining. The Court has ordered the opposite party to accommodate the employee in the Lucknow region, as per the convenience of the authorities.
