- (1.) This appeal has been preferred at the instance of the appellant/writ petitioner assailing the judgment and order dated 7th September, 2009 passed by the learned Judge of this court whereby and whereunder the said learned Judge dismissed the writ petition on merits with costs assessed at 300 G.Ms.
(2.) The appellant/writ petitioner filed the writ petition challenging the decision of the authorities of the respondent-bank to transfer the said appellant/writ petitioner by issuing the Memo dated August 18, 2009 to Guwahati office on the ground that the said writ petitioner is entitled to exemption from transfer in terms of the policy decision of the bank. The aforesaid order of transfer issued by the respondent-bank under Memo dated August 18, 2009 is set out hereunder: No.DAPM(Kol).ST. 1814/03.34.03/2009-10 August 18, 2009 Sri Prabhat Kumar Chakravarty (CC-0227) Assistant Manager Department of Administration & Personnel Management Reserve Bank of India Kolkata Dear Sir Staff Class I Assistant Manager - Transfer In pursuance to the order dated July 29, 2009 passed by the Hon'ble High Court at Calcutta it has been decided to transfer you in your existing capacity to Guwahati Office, one of the centres of your choice recorded in the Hon'ble High Court order dated July 01, 2009. Accordingly, you will be relieved from this office as at the close of the business on August 18, 2009 with instructions to report for duty to the 3 Regional Director, Reserved Bank of India, Guwahati within seven days from the date of issue of this letter. Yours faithfully S/d
(3.) The appellant/writ petitioner was, however, aggrieved by the aforesaid decision of transfer issued by the competent authority of the respondent-bank and challenged the same by filing another writ petition before this court which was finally dismissed by the impugned judgment and order under appeal passed by the learned Single Judge. The learned counsel representing the appellant/writ petitioner urged before this court that the appellant/writ petitioner herein is entitled to claim exemption from transfer in terms of the policy decision of the bank since the said appellant/writ petitioner attained the age of 56 years on July 20, 2009.;