Bela M. Trivedi, J. - (1.) The petitioner by way of present petition has challenged the order dated 16.9.14 (Annex.12) passed by the respondents transferring her at Regional Office, Sikar and further sought direction against the respondents to consider the matter of the petitioner for posting her at Jaipur on the post of Assistant Manager.
(2.) As per the case of the petitioner, the petitioner was initially appointed on the post of clerk in the respondent-bank and since September, 2013 she was working at SMECCC Branch of the respondent bank at Jaipur, where the respondent No.4 was posted as the Assistant General Manager. According to the petitioner she was promoted on the post of Assistant Manager vide the order dated 26.7.14, however the posting was awaited. In the meantime, because of the alleged unwarranted and objectionable behaviour of the respondent No.4, she lodged an FIR being No. 271/14 on 7.8.14 against the respondent No.4. According to her, she had also made complaints to the departmental authorities earlier in that regard. The petitioner anticipating her transfer outside Jaipur had requested the respondents to post her at Jaipur only as she was a single lady, and was under medical treatment at Jaipur where her parents were staying. However according to the petitioner, the respondent No.4 malaciously issued the order dated 16.9.14 transferring the petitioner at the regional office of SBBJ, Sikar (Annex.12). It is also the case of the petitioner that as per the Government guidelines which are followed by the banks, the unmarried female employees at the request should be posted as far as possible at the place where her parents are stationed and therefore also she had requested the respondents to post her at Jaipur only. The petitioner challenging her transfer order has made the following prayers in the petition:- "It is, therefore, prayed that this writ petition may kindly be allowed, relevant record may kindly be called for and be perused, if this Hon'ble Court so pleases and by way of issue an appropriate writ, order or direction Order dated 16.9.2014 may kindly be held arbitrary and illegal and same may kindly be quashed and set aside and the respondents may kindly be directed to consider the matter of the petitioner for posting her in Jaipur on the post of Assistant Manager and this Hon'ble Court may also graciously be pleased to issue suitable directions to take action against Respondent No.4, who has taken revengeful action against the petitioner."
(3.) The petition has been resisted by the respondents Nos. 1 to 3 by filing the reply denying the allegations made in the petition and further contending interalia that the transfer of the petitioner was made on she having been promoted as per the promotion policy, in terms of Regulation 42 of Officers Services Regulation 1979, according to which every officer is liable for transfer to any office or branch of the Bank or to any place in India. It has also been contended that the petitioner herself had given consent as per the consent letter dated 15.4.14 to serve at any branch/office of Bank in the event of her promotion. Even as per the order of promotion dated 26.7.14 (Annex.R/3), it was specifically mentioned that the officers promoted under group-A category their District as well as the Region would be changed and that place of posting would be atleast 75 kilomerers away from the present place of posting. Pursuant to the said order of promotion dated 26.7.14, passed by the Zonal Office, the impugned order was passed by the respondent No.4 as per the instructions of his higher officer. The respondents have denied that the parents of the petitioner were staying at Jaipur. According to the respondents, the native place of the petitioner is Samleti, District Mahuwa, District Dausa and her father is serving in BSNL, who is posted at Sikray, District Dausa and, therefore the petitioner has made false statement in the petition to mislead the court.It is also stated by the respondents that the transfer was made in the public and administrative interest and therefore the same should not be interferred with.;