Bijit Kumar Deb vs Tripura Gramin Bank, A Government Undertaking & Ors

Biswajit Palit, J

Heard Learned Senior Counsel, Mr. P. Roy Barman assisted by Learned Counsel, Mr. K. Nath appearing on behalf of the applicant-petitioner.

Also heard Learned Counsel, Mr. P. Saha appearing on behalf of the respondent-bank.

The main petition is pending for disposal.

In this I.A. the applicant has sought for staying operation of the transfer order dated 31.03.2026 issued by the General Manger, Tripura Gramin Bank.

At the time of hearing, Learned Senior Counsel, Mr. P. Roy Barman drawn the attention of the Court that the applicant was serving as Senior Manager, Tripura Gramin Bank, Gandachera Branch. On 25.08.2010 the applicant was appointed as Assistant Manager, TGB, Head Office, West Tripura and served as Assistant Manager, TGB, Head Office w.e.f. 25.08.2010 to 14.01.2011, thereafter, he was transferred to Kamalpur Branch and served as Assistant Manager w.e.f. 15.01.2011 to 09.11.2013 and after that he was again transferred to TGB Kachucherra Branch. In TGB, Kachucherra Branch he was served as Asstt. Manager w.e.f. 11.11.2013 to 24.05.2016 and thereafter he was further transferred to TGB, Bamancherra Branch and served therein w.e.f. 26.05.2016 to 18.06.2018 and again thereafter, he was further transferred to TGB Salema Branch and served therein as Manager w.e.f. 19.06.2018 to 10.08.2020. Thereafter, he was again transferred to TGB Bamutia as Manager and served therein w.e.f. 11.08.2020 to 10.01.2022. Again the applicant was transferred to TGB Khowai as Senior Manager and served therein w.e.f. 11.01.2022 to 08.05.2024. After that, he was transferred as Senior Manager, TGB Gandacherra and served therein w.e.f. 09.05.2024 to till date.

Learned Senior Counsel at this stage submitted that during the period of service he was all along posted outside of his home town and this time he served at Gandacherra but again with an ulterior motive the respondent-bank transferred him to another hardship posting at Amarpur which was against the Transfer Policy dated 25.02.2026 of TGB (Annexure-2) of TGB. Referring the Transfer Policy he drawn the attention of the Court Column No.7 of the said policy wherein difficult centres have been mentioned. It was also mentioned in the Court the Column No.4(C)(g) of the Transfer Policy wherein it is mentioned as under:

"4.(C)(g) An employee with spouse working in Central/State Government or public sector undertakings, may be given preference for posting in the same place/region or nearby place/region where his/her spouse is stationed, or as near as possible to that place."

Referring the same, Learned Senior Counsel submitted that the respondent-authority violating the terms and conditions of the policy has again transferred him. So, he asked for staying operation of the said transfer order.

On the other hand, Learned Counsel, Mr. P. Saha appearing on behalf of the respondent-bank submitted that as per Tripura Gramin Bank (Officers and Employees) Service Regulation 2010- regulation 18 provides for abiding the conditions and orders of the authority. As such the applicant has got no other choice save and accept to abide the same. Further, he submitted that he did not comply the circular dated 24.02.2026 of the Gramin Bank by submitting his choice & posting as per format and as such the applicant cannot the take any advantage in this regard from the Court.

Heard both the sides at length and perused the application filed by the applicant. It is true that during the course of service the applicant was posted in different stations and lastly, he was posted at Gandacherra w.e.f. 09.05.2024 to till date. By this time, he has been again transferred to Amarpur Branch which in the considered opinion of this Court is a hard posting for him. Even his representation was not considered by the respondent- bank. So, it appears to this Court that the action of the respondent-bank was inviolation of the principles of natural justice and as such the transfer order dated 31.03.2026 is hereby stayed till disposal of the writ petition. However, respondent shall give opportunity to the applicant to exercise his option in respect of transfer.

With this observation, this present I.A. stands disposed of.