Case Note & Summary
The dispute arose between a bank officer and the Bank of India regarding a transfer request based on the officer's wife's employment. The officer, Jagjit Singh Mehta, was promoted to Junior Management Grade Scale-1 and posted in Bihar, having previously worked in Chandigarh. He filed a writ petition seeking transfer back to Chandigarh, citing his wife's employment there. The High Court granted his request, leading to the Bank's appeal. The Supreme Court analyzed the relevant regulations and guidelines, concluding that while the guidelines encouraged posting spouses together, they did not create an enforceable right to such a transfer. The court emphasized that the officer had voluntarily accepted the terms of service, including the possibility of transfer anywhere in India. The court found that the High Court had erred in granting the transfer without considering the administrative needs and the officer's prior undertaking. Consequently, the Supreme Court allowed the Bank's appeal, set aside the High Court's order, and dismissed the writ petition, reinforcing the principle that career choices involve trade-offs between personal and professional obligations.
Headnote
A) Service Law - Transfer Policy - Claim for Transfer Based on Spouse's Employment - Bank of India (Officers’) Service Regulations, 1979, Regulation 47 - The court held that while guidelines exist for posting spouses together, they do not confer a right to such posting if not feasible according to administrative needs. The officer's prior undertaking for transfer anywhere in India was binding, and the High Court's order was set aside. (Paras 495-496).
Issue of Consideration
Whether a bank officer can claim transfer to a specific location based on the employment of a spouse.
Final Decision
The Supreme Court allowed the Bank's appeal, set aside the High Court's order, and dismissed the writ petition, emphasizing the binding nature of the officer's undertaking for transfer anywhere in India.
Law Points
- Service Law
- Transfer Policy
- Spousal Employment Guidelines
- Administrative Needs
- Legal Rights
