BANK OF INDIA versus JAGJIT SINGH MEHTA

Citation: [1991] SUPP. 2 S.C.R. 492 · Decided: 22-11-1991 · Supreme Court of India · Bench: L.M. SHARMA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
G 
BANK OF INDIA 
v. 
JAGJIT SINGH MEHTA 
NOVEMBER 22, 1991 
[LALIT MOHAN SHARMA, J.S. VERMA 
AND S.C. AGRA WAL, JJ.] 
Service Law: 
Bank of India (Officers') Service Regulations, 1979: 
Regulation 47, Notice dated 28.3.1981$-Transfer-Bank 
Officer-Whether can claim transfer to a particular place on the ground 
of spouse's employment. 
D 
Government of India Memorandum dated 3.2.1986, Para 4(vi): Banking 
E 
Companies (Acquisition of Transfer of Undertakings) Act, 1970: 
Bank of India (Officers') Service Regulations. 1979-A/l India 
Service--Posting of husband and wife at one station-Guidelines-Nature 
of 
Regulation 47 of the Bank of India (Officers') Service Regula-
tions, 1979 provided that every officer was liable for transfer to any 
office or branch of the Bank of India or to any place in India. 
The respondent 'Yas posted as a clerk in the appellant Bank at 
F 
Chandigarh. At the time of his promotion to the Junior Manage-
ment Grade Scale-1, he gave an undertaking for posting anywhere 
in India, and was consequently posted as Branch Officer in the 
State of Bihar. Thereafter, he filed a writ petition in the High Court 
claiming his transfer to Chandigarh Zone on the ground of his wife 
being employed at Chandigarh. The writ petition was allowed. The 
G 
Bank filed appeal by special leave to this Court. 
It was contended on behalf of the respondent that para 4 (vi) 
of Memorandum dated 3.4.1986 of the Government of India con-
tained guidelines for posting of husband and wife at one station 
which were meant to be followed also by all the Public Sector Un-
H 
dertakings, and, according to the provisions of the Banking Compa-
492 
BANK OF INDIA 
v. 
J.S. MEHTA 
493 
nies (Acquisition and Transfer of Undertakings) Act 1970 and the 
A 
Bank of India (Officers') Service Regulations, 1979 made thereun-
der, the bank was bound to follow the guidelines and directions 
issued by the Central Government. 
Allowing the appeal of the Bank, this Court, 
ilELD : 
1. Although the guidelines require the two spouses 
to be posted at one place as far as practicable--tbe desirability of 
such a course being obvious-yet that does not enable any spouse to 
claim such a posting as of right if the departmental authorities do 
not consider it feasible; nor does it mean that their place of posting 
should invariably be one of their choice even though their prefer-
ence may be taken into account while making the decision in ac-
cordance with the administrative needs. The only thing required is 
that the departmental authorities should consider the feasibility of a 
suitable posting along with the exigencies.of administration and en-
B 
c 
able the two spouses to live together at one station if it is possible 
without any detriment to the administrative needs and the claim of D 
other employees. [pp 495 E; 496 BC) 
2. After accepting a promotion or any appointment in an All 
India Service, subordinating the Qeed of the couple living together 
at one station, they cannot as of right claim to be relieved of the 
ordinary incidents of the service and avoid transfer to a different 
plac.:e on the ground that the spouses thereby would be posted at 
different places. While choosing the career and a particular service 
the coupie have to bear in mind this factor and be prepared to face 
such a hardship particularly when they belong to different services .. 
They have to make their choice at the thresbhold between . career 
prospects and family life. [pp 495 F-H; 496. A.] 
3.1 In the instant case, the respondent voluntarily gave an un-
dertaking that he was prepared to be posted at any place in India 
and on that basis got promotion and therea~ter sought to be relieved 
of that nec.:essary incident of an All India Service on the ground that 
his wife had to remain at Chandigarh. [p. 496 AB] 
3.2 In the face of Regulation 47 of the Bank of India (Offic-
ers') Service Regulations, 1979 according to which every offker is 
liable for transfer to any office or branch of the Bank of India or to 
any place in India and the clear provision for such transfer in the 
policy read with the notice dated March 28, 1988, the High CouJt's 
order cannot be sustained. [p. 495 BC] 
E 
F 
G 
H 
494 
SUPREME COURT REPORTS 
(1991] SUPP. 2 S.C.R. 
A 
The High Court was in error in overlooking all the relevant 
B 
c 
aspect as well as the absence of any legal right in the respondent to 
claim the relief which it granted as a matter of course. [p. 496· CD] 
CIVIL
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