SHAILENDRA KUMAR SRIVASTAVA Vs. BARABANKI GRAMIN BANK, BARABANKI AND ANOTHER
LAWS(ALL)-1993-9-90
HIGH COURT OF ALLAHABAD
Decided on September 20,1993

SHAILENDRA KUMAR SRIVASTAVA Appellant
VERSUS
Barabanki Gramin Bank, Barabanki And Another Respondents

JUDGEMENT

K.L. Sharma, J. - (1.) Heard the learned Counsel for the petitioner. Perused the writ petition and the annexures thereto.
(2.) The petitioner has challenged his transfer order dated 27-8-1993 contained in Annexure-11 to the writ petition whereby, he has been transferred from Haharakh Branch to Mawal. He has stated in the writ petition that he is suffering from Paralysis and received treatment at the district hospital Bahraich but despite his representation, he has been transferred to Mawal Branch of the Gramin Bank. His grievance is that the other employees have been accommodated on their requests but his transfer order has not been cancelled.
(3.) The grievance of the petitioner is not tenable in law. The transfer is an incidence of service and falls within the exclusive domain of the administration. The personal inconvenience and hardships can be considered only by the administrative authority competent to take a decision but no interference can be made by this Court under Article 226 of the Constitution of India. It is for the administration of the Gramin Bank to assess the administrative needs and to post the employees according to the requirements and their suitability. If the request of the petitioner has not been accepted by the administration, the petitioner has no alternative except to comply with the order of transfer and take over the charge at the new station and then, he can proceed on leave on medical ground and stay at his old place or at Bahraich where he is receiving medical treatment. To this effect the administration of the Bank has already advised the petitioner but instead of following the advice, he has rushed to file this writ petition in this Court.;


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