Madras High Court Rules Against Transfers Ignoring Family and Health Concerns

The Madras High Court has ruled that transfers which disregard the family, health, or safety concerns of employees could potentially violate their rights under Article 21 of the Constitution, which protects human dignity.

Madras High Court.

In its ruling, the court emphasized that transfers should not be handled in a mechanical or burdensome manner and must strike a balance between administrative needs and the well-being of employees. This came in response to a petition filed by the All India Union Bank Officer Staff Association, challenging Union Bank of India's transfer policies, which, they argued, disproportionately affected female employees.

While the court stopped short of invalidating the entire transfer-related circulars, it issued eight key directives to prevent such policies from negatively impacting employees, especially women.

The court recommended that Union Bank establish counseling centers and medical support teams to aid employees impacted by transfers. It also urged the bank to ensure that employees have a minimum of 20 days to join new locations, without fear of disciplinary action. Additionally, the bank was advised to encourage home visits and establish a grievance redressal cell with a significant number of female members.

Further, the court pointed out that the bank’s transfer policy should align with the central government’s 2014 and 2024 guidelines. It also recommended that employees with children in critical academic stages be exempt from transfers, thus protecting their family interests.

In its order, the court called for open dialogues with affected officers to resolve ongoing issues and prevent similar situations in the future. Moreover, it requested that disciplinary proceedings against the women involved in the petition be withdrawn, with an understanding approach toward their transfer and re-transfer requests.

This ruling highlights the need for more compassionate and employee-centric policies in organizational transfers, especially for women and those facing personal challenges.