CHENNAI: The Madras High Court has held that transfers that disregard family, health or safety concerns are unjust and could violate Article 21 of the Constitution, which guarantees the right to human dignity.
“Transfers cannot be effected in a mechanical or burdensome manner. There must be a balance between administrative requirements and the well-being of the employee,” the court observed. It made the observations while hearing a writ petition filed by the All India Union Bank Officer Staff Association, which challenged the transfer policies of the Union Bank of India, stating they particularly affect women employees unfairly.
While refraining from striking down the entire transfer-related circulars, the court issued eight directions to ensure that such policies do not affect the employees, especially women.
It recommended the bank establish counselling centres and medical teams to support transferred employees. It also directed that home visits be encouraged and a minimum joining time of 20 days be granted without threat of disciplinary action. The bank was also asked to set up a grievance redressal cell with a majority of women members.
The court said the transfer policy must align with the central government’s 2014 and 2024 guidelines and advised the bank to consider exempting employees, whose children are at crucial academic stages, from being transferred.
It further asked the bank to engage in direct dialogue with affected officers and prevent recurrence of such issues. It also requested that the bank withdraw disciplinary proceedings against the women named in the petition and revisit the timeline for their joining and re-transfer requests with an open mind.