Raj HC sets aside transfer of SBI Official Language Officer, directs posting at Jaipur on medical grounds

Jaipur: The Rajasthan High Court has set aside the order of the Single Judge vacating interim protection granted against the transfer of a State Bank of India officer, holding that while courts ordinarily refrain from interfering in transfer matters, the medical condition of an employee must be duly considered by the administrative authorities. The Court directed the Bank to pass appropriate orders for posting the appellant in one of the Networks at Jaipur.

The Division Bench comprising the Acting Chief Justice Mr. Sanjeev Prakash Sharma and Mrs. Justice Sangeeta Sharma allowed the Special Appeal (Writ) filed by Neeraj Sharma, who had challenged his transfer from Jaipur Circle to Hyderabad.

The appellant had earlier assailed the transfer order dated 25.07.2025 and relieving order dated 06.08.2025 before the learned Single Judge. An interim stay granted on 21.08.2025 was subsequently vacated on 13.10.2025, resulting in the present appeal.

Before the Division Bench, the appellant submitted that he is suffering from Acute Right Posterior Parietal Infarct and Cerebral Artery Territory Infarct, having suffered brain strokes on 23.09.2021 and again on 03.12.2021. It was submitted that his movement is substantially restricted and he remains dependent on family members for supervision and daily activities.

The Court noted that it had directed examination of the appellant’s medical condition by the SMS Medical Board. As recorded in the medical report quoted in the judgment, the appellant was found to be suffering from visual impairments on account of ischemic stroke, including right-sided visual field defect, requiring more time to read and write, and experiencing difficulties in daily activities due to such impairments.

The Bank relied upon Circular dated 02.05.2023 concerning recategorisation and redeployment of Official Language Officers (OLOs), under which each Circle would have one Local Head Office OLO and one OLO at each of the three Networks. The Circular also provided for additional OLOs in certain linguistic regions and Circles, subject to availability, as a one-time interim measure.

The Court observed that the Circular does not mandate that there must be only one OLO in a Network and that more than one OLO can be posted in various Circles as per need. It further recorded that although the Circular does not expressly refer to medical circumstances, it would not have a mandatory character to the extent of not permitting continuation of an official in a Circle where circumstances so require.

The Bench referred to the decision of the Supreme Court in Dinesh Kumar Gupta vs. High Court of Judicature for Rajasthan at Jodhpur & Anr. (Writ Petition (Civil) No. 1264/2025), wherein the Apex Court had directed consideration of a judicial officer’s representation for posting near Jaipur in view of medical issues and imminent retirement.

The Division Bench observed that while ordinarily courts are slow in interfering with transfer orders, the administrative side ought to take into consideration the medical condition of an employee. It recorded that the State functions as a welfare State and that banks are required to adopt a pragmatic approach towards employees, especially where a person has been in service for a considerable period and suffers from medical ailments resulting in bodily impairment.

The Court further observed that the requirement of transferring the appellant to Hyderabad for providing a Hindi Translator on account of linguistic region could be addressed by posting a medically fit person in such circumstances.

Accordingly, the Bench held that it was not in agreement with the order passed by the learned Single Judge. The impugned order dated 13.10.2025 was set aside and the appellant was permitted to continue. The Special Appeal (Writ) was allowed with a direction to the State Bank of India to pass appropriate orders for posting the appellant in one of the Networks at Jaipur. The learned Single Judge was requested to decide the pending Civil Writ Petition expeditiously.

Case Title
Neeraj Sharma vs State Bank of India & Others

Case Number
D.B. Special Appeal (Writ) No. 1358/2025
In S.B. Civil Writ Petition No. 12536/2025

Court
High Court of Judicature for Rajasthan, Bench at Jaipur

Bench
Acting Chief Justice Mr. Sanjeev Prakash Sharma
Mrs. Justice Sangeeta Sharma

Date of Judgment
February 10, 2026

Advocates
For the appellant: Mr. Manoj Kumar Bhardwaj with Mr. Avinash Pathak, Mr. Laxmi Nivas Koli & Mr. Tanmay Sharma
For the respondents: Mr. Kamlakar Sharma, Senior Advocate assisted by Mr. Yash Sharma