SOURABH BHATTACHARYA vs INDIAN OVERSEAS BANK

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CGHC010330202026 2026:CGHC:39186
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 6401 of 2026
Sourabh Bhattacharya S/o Sapan Bhattacharya Aged About 36 Years
R/o 79 M L A Nagar, Baikunthpur, District -Koriya (C.G.) Pin 497335,
Mob. No. 9340125291
... Petitioner(s)
versus
1 - Indian Overseas Bank (Through Its Managing Director /
Chairman And C E O, Head Office), Central Office P B No. 3765, 763,
Anna Salai, Chennai-600 002.
2 - Regional Manager / Chief Regional Manager Indian Overseas
Bank, Regional Office, Phase I I , Investment Building, Jeevan Bima
Marg, Pendri,Raipur (C.G.)- 492 004
... Respondent(s)
(Cause title taken from CIS)
For Petitioner(s) : Dr. N.K. Shukla, Senior Advocate along
with Shri Diinesh Kumar Bole, Advocate

Hon'ble Shri Bibhu Datta Guru , Judge
Order on Board

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07.09.2026

1. By way of the present writ petition, the petitioner, who is
working as an Assistant Manager in the Indian Overseas Bank,
seeks quashment of the posting order dated 24.04.2026
(Annexure P/1), whereby he has been posted at Samalwar
Branch, District Dantewada, as well as the consequential order
dated 10.08.2026, whereby his representation seeking
transfer to his hometown Baikunthpur or a nearby place on
compassionate/medical grounds has been rejected.
2. (a) Learned Senior Counsel appearing for the petitioner
submits that the petitioner is presently working as an
Assistant Manager under the respondent/Indian Overseas
Bank. He submits that the petitioner was initially posted at
Akluj Branch, District Solapur, Maharashtra, and was
subsequently transferred to District Nashik and other places
later on. Thereafter, on his own request, the petitioner was
transferred to the Raipur Region vide order dated 19.04.2026
to enable him to take care of his aged and ailing parents
residing at Baikunthpur. It is submitted that after joining in
the Raipur Region, the petitioner was directed to be posted to

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Samalwar Branch, District Dantewada vide impugned order
dated 24.04.2026 which is situated at a distance of near about
650 kms from Baikunthpur, causing him severe hardship in
taking care of his parents.
(b) By referring to Clause 9 of the Transfer Policy of the
respondent Bank, learned Senior counsel submits that
transfer on compassionate grounds may be considered in
cases involving prolonged illness of an employee, spouse,
children or dependent parents, subject to the employee
making a request supported by medical certificates. He
submits that though the petitioner submitted representations
dated 17.06.2026 and 25.06.2026, requesting that he be
continued or adjusted at Baikunthpur till the condition of his
parents stabilizes, the said representations have not been
considered till date. It is, therefore, contended that the
respondent authorities be directed to consider and decide the
petitioner's pending representations in accordance with law
and the transfer policy.
3. Learned Senior Counsel appearing for the petitioner further
submits that when no action has been taken on the
representation of the petitioner, he approached this Court by

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filing WPS No. 5528/2026, wherein this Court, vide order dated
22.07.2026, directed the petitioner to submit a fresh
representation before the competent authority along with all
relevant medical certificates and further directed the
respondent-Bank to consider and decide the same in
accordance with law and Clause 9 of the Transfer Policy.
4. Learned Senior Counsel submits that pursuant to the
aforesaid order, the petitioner submitted a fresh
representation dated 22.07.2026 along with the relevant
medical documents, seeking transfer to Baikunthpur or a
nearby place on compassionate grounds. However, the said
representation has been rejected vide order dated 10.08.2026
in an illegal and arbitrary manner that too without
appreciating the grievances raised by the petitioner in its
letter and spirit.
5. I have heard learned Senior Counsel for the petitioner and
perused the material available on record.
6. From the record, it is apparent that the petitioner had earlier
approached this Court in WPS No. 5528/2026 challenging the
posting order dated 24.04.2026. The said writ petition was
disposed of vide order dated 22.07.2026, whereby the

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petitioner was granted liberty to submit a fresh
representation along with relevant medical certificates and
the competent authority was directed to consider and decide
the same in accordance with law and the applicable Transfer
Policy.
7. In compliance of the aforesaid order, the petitioner submitted
a fresh representation along with the relevant medical
documents, which has thereafter been considered and
decided by the competent authority vide order dated
10.08.2026. The said representation was thereafter considered
by the competent authority and was rejected vide order dated
10.08.2026. It is apparent from the impugned order that the
petitioner’s representation has been considered with
reference to the revised Transfer Policy of the respondent-
Bank, which came into force with effect from 12.03.2025. Since
the said policy was in force on the date of consideration of the
petitioner’s representation, the same would govern the
petitioner’s request for transfer on compassionate/medical
grounds.
8. For the sake of convenience, the relevant provision contained
in Clause 5.1.3 of the revised Transfer Policy dated 12.03.2025

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is reproduced hereinbelow:
“5.1.3 On request transfer on Compassionate
Grounds/Medical Grounds
The following shall normally be the grounds for
considering the transfer on compassionate/medical
grounds and may be considered even before the
completion of requisite period, for any of the
following reasons, subject to availability of
vacancies:
(a) Diagnosis of Terminal/Critical Illness for self,
spouse or dependent children: Type of diseases to
be covered – cancer, paralytic stroke, renal failure,
coronary artery disease, thalassaemia, Parkinson’s
disease.
(b) Any other ground which deserves extreme
compassion including death or serious accident of
self/spouse/dependent children.
Such transfer request will be considered only
within one year from the date of first diagnosis of
illness covered as above/from the date of death or

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serious accident.”
9. A bare perusal of the aforesaid provision makes it clear that
the grounds for consideration of transfer on
compassionate/medical grounds are specifically stipulated
therein. The provision, inter alia, contemplates terminal/
critical illness of the employee, spouse or dependent children
and does not provide for consideration of a transfer request
on the ground of illness of dependent parents.
10. It is necessary to mention here that while rejecting the
representation of the petitioner the Chief Manager of the
Bank categorically observed that the posting place i.e.
Samalwar is near to Kirandul, which is only 11 kms. away
where all medical facilities are available and officials of various
other departments are staying there. It also observed that
alleged diseases are not covered under the critical illness as
detailed in clause 5.1.3.
11. In the present case, the petitioner seeks transfer essentially
on account of the ailments suffered by his aged parents.
However, the ground urged by the petitioner does not fall
within the circumstances contemplated under Clause 5.1.3 of
the prevailing Transfer Policy. Therefore, the petitioner cannot

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claim transfer on compassionate/medical grounds as a matter
of right under the aforesaid provision.
12. Be that as it may, it is a settled law in the matter of Union of
India and others v. S.L.. Abbas reported in (1993) 4 SCC 357 ,
wherein it has been observed by the Supreme Court that
transfer is an incidence of Government service. Who
should be transferred where is a matter for the appropriate
authority to decide. Unless the order of transfer is vitiated
by malafides or is made in violation of statutory provisions,
the Court cannot interfere with it.
13. Consequently, this Court finds no ground to interfere with the
posting order dated 24.04.2026 (Annexure P/1) or the
consequential order dated 10.08.2026 (Annexure P/8)
14. The writ petition is, accordingly, dismissed.
Sd/-
(Bibhu Datta Guru)
Judge


Shoaib