JUDGMENT : N. Prusty, J. - The petitioner who is presently working as Deputy Manager, Kendrapara Branch, State Bank of India has filed this Writ Petition for quashing his transfer order dated 20.6.2003 (Annexure-2) as well as the relieve order dated 26.6.2003 (Annexure-3) and for a direction to give him appropriate posting keeping in view Paragraphs 6.3 & 7.2 of the Transfer Policy. The allegation of the petitioner is that the impugned order of his transfer violates Paragraphs 6.3 & 7.2 of the Transfer Policy and also Rules 57 of the State Bank of India Service Rules. Since an officer can only be considered to go in inter module transfer normally after a stay of nine years in a module. The petitioner alleges that even though certain officers/Union leaders are retained in their respective Branch/office/module for more than ten to fifteen years violating the Bank's Transfer Policy, the petitioner has been discriminated. 2. The case of the petitioner, in short, is that he came to Bhubaneswar Module in November, 1994 on the working spouse ground as per Paragraph 7.2. of the Transfer Policy and worked in IDCO Tower, Bhubaneswar Branch till December 1998. After completion of four years in that he was transferred from place to place within the same module and came to Kendrapara Branch in September, 2001. By the impugned order dated 20.6.2003 (Annexure-2) he has been transferred from Bhubaneswar module to Berhampur module few months before completion of nine years in the module as stipulated in paragraph 6.3 of the Transfer Policy. The petitioner's contention is that since he came to Bhubaneswar module under working spouse ground and worked there from 1994 to 1998 under the special case of transfer as per Paragraph 7.2 of the Transfer policy, there is no justification to reckon this period of four years on working spouse ground in the normal stay of nine years in a module as per Paragraph 6.3 of the Transfer Policy. The period of four years as per Paragraph 7.2 cannot be included in calculating the period of nine years as per Paragraph 6.3 of the Transfer Policy. As such, he cannot be transferred to another module before completion of thirteen years i.e. four years on working spouse ground and over and above this period another nine years in the module. The period of four years as per Paragraph 7.2 cannot be included in calculating the period of nine years as per Paragraph 6.3 of the Transfer Policy. As such, he cannot be transferred to another module before completion of thirteen years i.e. four years on working spouse ground and over and above this period another nine years in the module. It is also stated by him that there are many officers in the Bank, who have been allowed to continue to serve at one particular center/module under "special case of transfer" on compassionate ground i.e. as per Paragraphs 7.1.1 & 7.1.4 of the Transfer policy and they have been allowed to stay in a particular center/module in excess of nine years stay. For better appreciation of the case, it would be just and proper to quote those paragraphs of the Transfer Policy, such as, 6.3 (Module Transfer), 7.1.1 & 7.1,4 (Special case of transfer) as well as 7.2.1., 7.2.2 & 7.2.4 (working spouse ground).: 6.3. : An officer should be considered for posting in another Module normally after a stay of 9 years in a module. In case of shortfall in meeting inter module transfer; the transfers may be considered taking into account the stay of the officers between 8 to 9 years. On such transfers the officers have to serve in another module for a minimum period.of 3 years. 7.1.1 : In case where an officer or a member of his/her family i.e. spouse, children or dependant parents is suffering from a sicken of serious nature which would require hospitalization, admission in clinics/nursing home and other special treatment facilities for which are not available at the Center where the officer is presently posted, the officer may represent for a transfer to a Center where such facilities are available which may be considered on merits and administrative convenience. 7.1.4 : The tenure of such compassionate transfer will be for one year only. Before expiry of this period, these will be reviewed and if the grounds for compassion do not exist, the officer will be considered for normal transfer in accordance with the guidelines contained in thispolicy. The first representation for such transfer request i.e. for one year under compassionate grounds, which the module, the Z.O.P.C. shall be the appropriate authority to consider and take a decision. The first representation for such transfer request i.e. for one year under compassionate grounds, which the module, the Z.O.P.C. shall be the appropriate authority to consider and take a decision. Thereafter the second and subsequent request and also inner module and D 7 PB (HQ) Departments officer compassionate cases will be considered by the General Manager (D & B)., Similarly, branches of CB Network except branches under General Manager (CB), the first year compassionate cases will be considered by the DGM (CB). The CB Network branches under GM (CB) and CB Network HQ)( departments' officers' compassionate cases shall be considered by the General Manager (CB). 7.2.1 : An officer desirous of taking advantage of request on the grounds of "working spouse" must submit the declaration-cum-option letter in terms of Staff Circular No. 100 of 1991, by 31st January every year, failing which such request for transfer will not be considered. 7.2.2 : During the entire career of the officer, only one such request (a maximum of two cases of lady officers) will be considered. 7.2.4 : The total stay at the requested Centre will not exceed 4 years from the date of the officer's taking up such posting. The officer's request for posting/retention of the existing center where he has already completed a term of 4 years will not be considered. His request may be considered after he completes a full term of 3 years in another Center. 3. The petitioner in his rejoinder has stated that the transfer for four years on working spouse ground is an exclusive policy, which can be availed once for all and should not have been counted for total period of his stay in Bhubaneswar Module. The Bank has not included this period in case of other officer i.e. one K. K. Panda, J.M.G.S. I was allowed 9 years stay in the Module and thereafter four years on working spouse ground i.e. in total he was allowed to work for. 13 years in one module. He has also given examples of about eight officers who have been allowed to stay beyond nine years in a module. 4. Transfer and posting of an officer is regulated by the above Transfer policy. Para-6 of the Transfer Policy deals with the tenure of an officer before his transfer is effected. 13 years in one module. He has also given examples of about eight officers who have been allowed to stay beyond nine years in a module. 4. Transfer and posting of an officer is regulated by the above Transfer policy. Para-6 of the Transfer Policy deals with the tenure of an officer before his transfer is effected. The paragraph of the Transfer Policy provides for various periods of stay of an officer in the branch/center/module. Para 6.3 of the Transfer Policy also clearly provides that an officer should be considered for posting to another module normally after a stay of nine years in the module and transferred to another module can be considered between 8 years to 9 years of stay in a particular module. The special case of transfer on compassionate ground is for one year, which is to be reviewed from time to time before expiry of the period of one year, on working spouse ground for four years and during the entire career only one such request (for lady officer maximum two) will be considered. The officer's request for posting/retention at the existing center where he has completed a term of four years on working spouse ground will not be considered and his request for posting in'a particular module may be considered after he completed a full term of 3 years in another module. However, as per paragraph 12.1 of the Transfer Policy notwithstanding the provisions contained in the Transfer Policy, the Bank may transfer any officer at any time on administrative grounds keeping in view the exigencies of service. 5. As such, Paragraph 7.2.4 which is meant for transfer on "working spouse ground" does not indicate that the prescribed period of four years on that ground shall be over and above the period of nine years posting.in a module as per Paragraph 6.3 which is meant for module transfer. Paragraph 6.3 for module transfer also does not indicate anything with regard to period of posting in a particular module beyond nine years and as to whether the period of nine years in a module is either inclusive or exclusive of the period of four years on working spouse ground Paragraph 6.3 clearly indicates that the period is for nine years only. As such the period of nine years shall have to be treated as inclusive of any other period either on working spouse ground or other ground and an Officer after completion of nine years period in one module shall have to be transferred to another module. He can come back to the previous module or go to any other module after completion of the prescribed period in his new place of posting or in the new module. 6. However, so far as transfer on promotion/confirmation is concerned, on promotion as JMSG-I and MMGS-II, an officer should normally be posted outside the module. Where this is not possible, at least posting out of the Region should be affected (Paragraph 5.1 of Transfer Policy). The petitioner in this case has been transferred to Berhampur module on his promotion to J.M.G.S.-I (Annexure-2). 7. In the counter affidavit filed by the Bank it has been categorically mentioned that the policy provides that an officer during his entire service career can avail the benefit on working spouse ground only once and can exercise his option for posting at a particular place once only on the said ground. Thus when this option is exercised, his request for a posting/retention to a center in the module will be considered by the Bank provided he has not completed a term of nine years in the existing module/centre, where he wants to be posted/retained on working spouse ground. In the above backdrop, if an officer has availed the benefit during nine years of stay in a module in that event four years period of posting retention at a center shall be inclusive of nine years but not exclusive. Similarly, if an officer, who avails the benefit towards the end of the module stay, to enable him to complete his continuous stay of four years at the center on working spouse ground, the module stay of the officer cannot be extended beyond nine years. Thus the module transfer of nine years is inclusive but not exclusive on the working spouse ground. When an officer completes his stay of four years in working spouse ground within nine years of his module stay, the module stay period of nine years cannot be extended beyond nine years. Thus the module transfer of nine years is inclusive but not exclusive on the working spouse ground. When an officer completes his stay of four years in working spouse ground within nine years of his module stay, the module stay period of nine years cannot be extended beyond nine years. But when an officer could not complete the total period of four years of his stay under working spouse ground in the module within nine years he can avail the balance period for completion of his stay of four years on working spouse ground after he worked in another center/module at least for three years. However, his total stay at a module cannot be extended beyond nine years even though he had not completed his stay of four years under working spouse ground in respect of his module stay. 8. The petitioner in his additional affidavit has mentioned the names of nine officers which includes the names of Shri S.K. Mukherjee, Shri A.K. Mukherjee and Shri F.C. Nayak, who have continued beyond the stipulated period of nine years in Bhubaneswar module under special case of transfer. We have called for the records relating to above mentioned officers for verification and found that Shri S.K. Mukherjee is continuing in the module on compassionate ground since he is affected by T.B. Spine since 1999, Shri A.K. Mukherjee is continuing in Bhubaneswar module because he has undergo kidney transplantation and Shri F.C. Nayak is continuing in Bhubaneswar module on compassionate ground since he is grossly ataxic due to left cerebellar infraction and others who have been retained in a particular module beyond the prescribed period were on compassionate ground because they are suffering from serious ailments for which they cannot be transferred to any other module. Hence this discrimination, which has been made by the Bank, is a reasonable one and the petitioner should not claim any equity on this ground since this discrimination can no way be treated'as a hostile discrimination, so far as petitioner is concerned. 9. When an employee like the petitioner accepted an All India Service, for him transfer becomes a condition for his service and he can be transferred not only inside his State but also to any place through out the India. As such for the petitioner transfer is not only an incident of service but becomes a condition precedent. 9. When an employee like the petitioner accepted an All India Service, for him transfer becomes a condition for his service and he can be transferred not only inside his State but also to any place through out the India. As such for the petitioner transfer is not only an incident of service but becomes a condition precedent. Transfer from place to place, module to module and on inter-State and intra-State can be made at any point of time, which may be subject to any agreement between Bank and the employees. As such, the transfer policy itself clearly stipulates that notwithstanding the provisions contained in the transfer policy, the Bank may transfer any officer at any time on administrative grounds keeping in view the exigencies of service. 10. In view of the facts and circumstances as narrated above, we do not find any illegality or irregularity in the order of transfer and posting of the petitioner along with other officers on promotion to JMGS-I in Berhampur module on administrative ground under Annexure-2, dated 20.6.2003 as well as in the order under Annexure-3 dated 26.6.2003 relieving the petitioner at the close of business on 27.6.2003 with instruction to report to the Chief Manager (Per & HRD), State Bank of India, Zonal Officer, Berhampur for eventual posting. 11. Keeping in view the fact that the order of transfer was passed in June, 2003 and since the petitioner is continuing in his present module/place of posting at Kendrapara even if he had already been relieved, by an interim order of this Court dated 4.7.2003 in Misc. Case No. 6226 of 2003 and in the meantime he has overstayed in the module for more than two years on working spouse ground, he shall have a claim for his posting at a particular place on working spouse ground for the balance period out of four years, only after he joins in the new module and completes the minimum required period there in his new place of posting. 12. The Writ Petition is accordingly dismissed, as the same is devoid of any merit. There shall be no order as to costs. I.M. Quddusi, J. 13. I agree. Final Result : Dismissed