JUDGMENT & ORDER : 1. Heard Mr. SM Chakraborty, learned senior counsel assisted by Ms. M. Chakraborty, learned counsel appearing for the petitioner as well as Mr. AL Saha, learned counsel appearing for the respondents. 2. Gravamen of the writ petition is that the petitioner while serving the respondent-bank as Senior Manager at its Branch at Agartala, he stood released by the impugned orders dated 06.08.2018 (Annexure 10 and 11 of the writ petition). Both the orders dated 06.08.2018 are reproduced here-in-below, for convenience: “DENA BANK Ref. No. KZO/HRD/R/O-545/2018 ZONAL OFFICE, KOLKATA Date: 06.08.2018 Mr. Kivihe H. Zhimo Senior Manager Dena Bank, Agartala Branch Dear Sir, Re: Your relieving from Agartala Branch In terms of HO E-Mail Dated 26.06.2018 and transfer Memo vide Ref. No. KZO/HRD/)-545/2018 Dated 27.06.2018, you are hereby advised to get stand-relieved on 06.08.2018 at the close of office hours to report to your new place of posting at CHARMA (BASTAR), DURG. Yours faithfully Sd/ Zonal Manager” “DENA BANK Ref. No. KZO/HRD/R/O-545/2018 ZONAL OFFICE, KOLKATA Date: 06.08.2018 To, Mr. Kivihe H. Zhimo Senior Manager Dena Bank, Agartala Branch Dear Sir, Re: Your relieving from Agartala Branch In terms of HO E-Mail Dated 26.06.2018 and transfer Memo vide Ref. No. KZO/HRD/)-545/2018 Dated 27.06.2018, you are hereby advised to get yourself relieved after business hours of 10.08.2018 and report to your new place of posting at Charma (Bastar), Durg on 13.08.2018 i.e. on resuming duties after completion of leave period. Yours faithfully Sd/ Zonal Manager” 3. On receipt of those release orders, the petitioner submitted representation to the competent authority to consider his place of transfer and posting in the light of circulars dated 20.04.2010 (Annexure 2 to the writ petition) and 27.02.2015 (Annexure 3 to the writ petition) laying down policy guidelines for transfer and posting of a bank officer under the respondents. Initially, the guideline dated 20.04.2010 was issued vide circular No. 23/042010-11 which is as under: “DENA BANK Dena Corporate Centre, Mumbai-400051 Circular No. 23/04/2010-11 Department- PERSONNNEL Date- 20 Apr 2010 Re: Adhoc and temporary incentives to persons belonging to other regions recruited and directly posted in North Eastern Region on their appointment in the Bank. In terms of government guidelines officers transferred/posted from other region to North-Eastern Regions are eligible for the following incentives: 1. In terms of government guidelines officers transferred/posted from other region to North-Eastern Regions are eligible for the following incentives: 1. Retention of accommodation at the earlier place of their posting or in any place indicated of their choice and provision of free furnished single accommodation at North-Eastern Region. 2. Payment of Mid academic transfer allowance for the entire period of their stay in North Eastern Region if his/her children do not joint at North Eastern region. 3. Adhoc temporary monetary incentive @12.5% of basic pay subject to maximum of Rs. 1500 p for the duration of their active duty in North-Eastern Region. 4. Yearly leave travel concession to the place where his/her family resides. 5. Preferential transfer to any place of his/her choice (out of three places indicated) on completion of tenure of two years stay in North Eastern Region. We are in receipt of communication from Indian Banks’ Association (IBA) vide letter No. HR&IR/MV/CIR/747/2478 dated 02/01/2010 conveying that the Government of India has clarified to IBA vide letter dated 23.11.2009 that “the incentive is applicable to both the existing employees transferred/posted from other regions to North-Eastern region as well as, new recruitees belonging to other region but are posted on their first appointment directly to North Eastern Region. The above clarification will be effective from 23.11.2009 i.e. from the date of advise from the Government to IBA. All concerned are advised to take note of the above and be guided accordingly. Sd/ GENERAL MANAGER (HRM)” [Emphasis supplied] 4. The said policy dated 20.04.2010 has further been modified vide circular no. 420/49/2014-15 dated 27.02.2015 which is also necessary to be reproduced in extenso, for convenience: “DENA BANK Dena Corporate Centre, Mumbai-400051 HUMAN RESOURCES MANAGEMENT Circular No 420/49/2014-15 Department Date- 27/02/2015 “Re: Incentives to Officers posted to North Eastern Region–revision thereof. Please refer to H.O. circular no. 23/04/2010-11 dated 20.04.2010 conveying the guidelines in respect of adhoc and temporary incentives to persons belonging to other regions recruited and directly posted in North Eastern Region on their appointment in the Bank. We are now in receipt of communication from Government of India, Ministry of Finance, Department of Financial Services vide letter no. F.No. 4/4/2/2001-IR dated 26.09.2014 conveying revision in the above incentive. In terms of the said Government guidelines, the adhoc and temporary incentives to Officers transferred/posted to North Eastern Regions have been revised as under: 1. We are now in receipt of communication from Government of India, Ministry of Finance, Department of Financial Services vide letter no. F.No. 4/4/2/2001-IR dated 26.09.2014 conveying revision in the above incentive. In terms of the said Government guidelines, the adhoc and temporary incentives to Officers transferred/posted to North Eastern Regions have been revised as under: 1. The incentive shall be 20% of basic pay with minimum Rs. 3000 p.m. and maximum Rs. 7500 p.m. 2. Officers belonging to a State in North Eastern Region but posted in other States of North Eastern Region shall also be eligible. The above clarification will be effective from 26.09.2014 i.e. from the date of advise from the Government of India. The other terms and conditions as referred in above circular shall remain the same. All concerned are advised to take note of the above and be guided accordingly”. [Emphasis supplied] 5. On conjoint reading of both the guidelines as stated above, it is crystal clear that in terms of government directives/advise some special incentives have been provided to the employees of the bank who serve the States of North-Eastern region. One of the incentives is referred to clause 5 of the circular dated 20.04.2010 which speaks of preferential transfer of the employee of the bank to any place of his/her choice (out of three places indicated) on completion of tenure of two years stay in North-Eastern region. One of the most significant aspect in this circular is that the clarifications as indicated in the circular is in compliance with the advice of the government of India to Indian Banks? Association (IBA). 6. On bare perusal of the said circular dated 27.02.2015,it is crystal clear that the policy makers in their own wisdom intended to bring parity in their policy in the matter of transfer and posting between the persons belonging to other States and posted to the north-eastern region and the persons who hail from and belong to any of the States of the north-eastern region and posted to any States of the said region. So, under the revised policy, the officers belonging to the north-eastern region and posted to any of the States of this region can only ask or select the place of his/her “choice posting? within the States of the north-eastern region. So, under the revised policy, the officers belonging to the north-eastern region and posted to any of the States of this region can only ask or select the place of his/her “choice posting? within the States of the north-eastern region. Another significant aspect of this circular dated 27.02.2015 is that it was also issued in compliance of the communication from the Government of India, Ministry of Finance Department vide letter no. F-No.4/4/2/2001-IR dated 26.09.2014. [Emphasis supplied] 7. It is stated in the petition that the petitioner was initially appointed on 05.03.2008 to the post of Officer and posted at Jamshedpur Branch of the bank at Jharkand. After 4 months of his service therein, he was posted at Kolkata on 08.08.2008 and there from he was transferred to Shillong Branch where he joined on 28.03.2010. Again, he was transferred to Silchar Branch w.e.f. 13.10.2012. He was further transferred to Shillong Branch where he joined on 28.10.2013 and again transferred to Agartala Branch in the year 2017. It shows that since the year 2010, the petitioner had served the different Branches at different places of the Bank within the North-Eastern region. 8. This court has also noticed that the Human Resource Management Department of the respondent-bank time to time reviewed the transfer norms for its Officers in consonance with the changing scenario of the bank and to give effective compliance of the advise of the Government of India. In the transfer norms dated 11.06.2009, I find that there is a provision for making ‘Request transfer’ under Clause VIII. Sub-clause (d) of the said clause VIII postulates that direct recruited Officers in Scale-I and Scale-II may also apply for request transfers after 3 years of service in the bank. In clause IX it also envisages that these broad norms governing transfers of Officers are subject to Government of India, Reserve Bank of India guidelines, if any, issued from time to time in this behalf. In clause X of the said “norms of transfer” a provision is found empowering the Chairman and Managing Director to change/modify/amend the “norms of transfer” from time to time in administrative exigencies. So, we may say that the advice of Government of India plays a vital role to regulate the transfer of Officers of the respondent-bank. 9. By virtue of that power, the Human Resource Management Department of the respondent-bank vide circular no. So, we may say that the advice of Government of India plays a vital role to regulate the transfer of Officers of the respondent-bank. 9. By virtue of that power, the Human Resource Management Department of the respondent-bank vide circular no. 420/49/2014-15 dated 27.02.2015 issued clarification providing incentive to various Officers posted in North-Eastern region by way of revising the circular no. 23/04/2010-11 dated 20.04.2010 as are reproduced in the preceding paragraphs. 10. In the light of both the circulars dated 20.04.2010 and 27.02.2015, the petitioner has challenged the impugned transfer order dated 06.08.2018 (Annexure 9 and 10 of the writ petition) stating inter alia that non-consideration of his representation of choice place of transfer/posting is violative of the established norms of transfer policy enumerated in the circulars dated 20.04.2010 and 27.02.2015. His further contention is that a new Branch was established at Kohima, Nagaland from which State the petitioner hails, and he could easily be posted in the said Branch but, it was not acceded to. However, in compliance of his release order dated 06.08.2018, he has joined his place of transfer/posting at Charma (Bastar) Durg without any prejudice to his right to challenge the impugned transfer orders. 11. Indisputably, an order of transfer of an employee is a part of his service condition and such order of transfer is not required to be interfered with lightly by a court of law in exercise of its discretionary jurisdiction unless the court finds that either the order is malafide or the service rule prohibits the transfer order or that the authorities who issued the order have no competence to pass the order. Keeping this principle in mind, I may determine the merit and dispose of this writ petition. 12. I have noticed from a reply in response to the representation submitted by the petitioner, the competent Officer of the respondent-bank has stated that the regulation 47 of the DENA Bank (Officer’s) Service Regulation, 1979. DBOSR, 1979 itself lays down that every Officer is liable for transfer to any Office or Branch of the bank or to any place of India. The reply of the bank dated 14.08.2018 is reproduced herein-in-below for the sake of brevity: “DENA BANK A Govt. DBOSR, 1979 itself lays down that every Officer is liable for transfer to any Office or Branch of the bank or to any place of India. The reply of the bank dated 14.08.2018 is reproduced herein-in-below for the sake of brevity: “DENA BANK A Govt. of India Enterprise TRUSTED FAMILY BANK HRM Department, Head Office, Dena Corporate Centre 3RD Floor, C-10,G-Block, Bandra-Kurla Comples, Bandra (East) Mumbai-400051 (Maharastra) E-mail-hrd@denabank.co.in Telephone No. (022) 26545341, 26545340 No. DB/HRM/Legal/HC-652/1579/2018 14 Aug 2018 (Through E-Mail) To, Mr. Kivihe H. Zhimo Senior Manager Dena Bank, E-Mail-kvy@rediffmail.com Dear Sir, Re: Your representations with regards to Transfer We are in receipt of your representation consequent upon E-Mail dated 26.06.2018 wherein the competent authority decided to transfer 124 Chief Manager/Senior Manager Among 124 transferree, you were also transferred from Agartala Branch, Zonal Office, Kolkata to Charma (Bastar) Zonal office, Durg (Scale-IV) categorized Branch as you are the wait-listed promotion to Scale-IV. The transferee officers required to report new place not later than 5th July, 2018. In respect to your representations, you are requested to refer your appointment order and further to Regulation 47,48 and 49 of the Dena Bank (Officers’) Service Regulations, 1979 wherein, it is clearly stated in Regulation 47 of the DBOSR, 1979 that every officer is liable for transfer to an office or branch of the Bank or to any place in India. Further, Regulation 49 of the DBOSR 1979 also states that an officer shall be eligible for joining time on one occasion and not exceeding seven days exclusive of the number of days spent on travel to enable him. (a) to join a new post to which he is appointed while on duty in his old post or (b) to join a new post on return from leave. In view of the above Regulations, your representation is hereby disposed off. You are once again advised to join new place of posting as per letter bearing no. KZO/HRD/R/o-545/2018 dated 06.08.2018 issued by Zonal Office, Kolkata. This is issued with the approval of the Competent Authority. Yours faithfully Sd/ Asst. General Manager (HRM)” 13. I have given my anxious thought to the said Regulation 47 of the DBOSR, 1979. The DBOSR, 1979 deals with all aspects to regulate the service conditions of the Officers of the respondent-bank and it is of general nature. 14. This is issued with the approval of the Competent Authority. Yours faithfully Sd/ Asst. General Manager (HRM)” 13. I have given my anxious thought to the said Regulation 47 of the DBOSR, 1979. The DBOSR, 1979 deals with all aspects to regulate the service conditions of the Officers of the respondent-bank and it is of general nature. 14. Despite Regulation 47 relating to transfer, the HRM Department of respondent-bank introduced a special scheme by way of framing a definite transfer policy which is being reviewed time to time considering the best interest of the bank as well as its employees and providing same incentives to its Officers in conformity with various decisions of the Government of India for regulating the transfer of the bank employees. 15. In my opinion, it should not be said that the Management of the respondent-bank was unaware of the Regulation 47 of DBOSR, 1979 while framing a separate transfer policy, as stated hereinabove. 16. The learned counsel appearing for the respondent-bank could not explain that when there is Regulation 47 for regulating the transfer or posting of its Officers, why the Management has framed a separate policy for regulating the transfer or posting of its Officers and what prompted the Management of the Bank to review the transfer policy framed for its employees time to time in compliance with the advice of the Government of India. 17. In my considered view, when there is specific policy for regulating the transfer/posting of the employees, the respondent-bank concerned should adhere to the said policy, and it can be violated only in the event of extreme administrative exigencies or due to an exceptional circumstance, but, in that event the employee/Officer concerned has the right to know the reason of such deviation from the established norms of transfer and his representation must be disposed of by way of assigning the reasons for non-observance of the policy guideline. The policy as framed by the respondent-bank, in my opinion, is nothing less than a rule which casts an obligation upon the respondents to respect and follow the same. 18. In furtherance thereof, in my considered view, Regulation 47 of the DBOSR, 1979 should not be read in isolation with the policy of the Management of the Bank issued time to time regulating the transfer and posting of its employees/Officers. 19. 18. In furtherance thereof, in my considered view, Regulation 47 of the DBOSR, 1979 should not be read in isolation with the policy of the Management of the Bank issued time to time regulating the transfer and posting of its employees/Officers. 19. On conjoint reading of the policies and particularly, the provisions of 8, 9 and 10 under the caption “Review of Transfer Norms” for Officers dated 11.06.2009 (Annexure 4 to the writ petition), it becomes clear that while framing the guidelines for transfer, the Management of the respondent-bank has given more weightage to various decisions of the Government of India, despite being fully aware of Regulation 47 of DBOSR, 1979. More so, the Chairman and the Managing Director has been given ample power to change/modify/amend the norms of the policies from time to time. 20. It will not be improper to say that the management of the respondent-bank has introduced a separate transfer policy to provide some incentives for the Officers who serve the difficult areas that is the places within the North-Eastern region. Regulation 47 of DBOSR, 1979 speaks about a general transfer norm of its officers. But later on, the management after due consideration and to get best service from its officers has thought it proper to provide some benefits by way of allowing some incentives to the persons belonging to north-eastern region and those incentives have been translated into policies/guidelines for transfer of its officers who serve the different States of the North-Eastern region of this country, and that also, is in compliance with the directives by way of advice of the Government of India. So, the transfer policies as framed and adopted by the management time to time is a special scheme only meant for regulating the transfer of officers of the respondent-bank and thus, has primacy over Regulation 47 of DBOSR, 1979, particularly, for the reason that management itself at clause IX of its policy dated 11.06.2009 (Annexure 4 to the writ petition) recognizes the incentives in the transfer policy dated 25.02.2015 etc. as the “broad norms governing transfers of officers”. 21. In the case at hand, the petitioner had served the respondent-bank in Kolkata and various other Branches. He was posted to various States of North-Eastern region except his native place i.e. Kohima, Nagaland, the State of his origin. as the “broad norms governing transfers of officers”. 21. In the case at hand, the petitioner had served the respondent-bank in Kolkata and various other Branches. He was posted to various States of North-Eastern region except his native place i.e. Kohima, Nagaland, the State of his origin. According to me, the petitioner is covered by the established norms of transfer policy/guidelines of the respondent-bank, as narrated above. 22. Moreso, the scheme of “transfer norms” as indicated above, which is well in vogue in the bank, granting some special incentives to the persons belonging to north-eastern States and serve the States of this region has been brought into force with the avowed aim of the welfare of the bank employees. Preferential place of posting has been specifically provided in the special scheme with a clear object in view. The intention of the policy makers of the bank has been manifest in explicit language in the scheme of “transfer norms” itself. [Emphasis supplied] 23. However, I refrain myself to exercise the discretionary jurisdiction of this court under Article 226 of the Constitution of India by way of issuing directions upon the respondent-bank with the hope and trust that the management of the bank will give a fresh look to the impugned transfer order dated 06.08.2018 issued upon the petitioner, and I have left the matter open for the competent authority of the respondent-bank to consider and dispose of the representation dated 14.08.2018 by a reasoned order in the light of the observation and discussion made hereinabove within a period of six weeks from today. 24. With the afore stated observation and direction, the instant writ petition is disposed of.