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‘Banks must show empathy’: Rajasthan High Court overrules SBI to stop transfer of officer who suffered twin brain strokes
The Rajasthan High Court directed SBI to retain stroke-hit officer in Jaipur network, stressing that banks must act with empathy in transfer decisions.
The Rajasthan High Court sets aside transfer of SBI officer who suffered twin brain strokes. (Image generated using AI)
The Rajasthan High Court recently set aside a single judge’s order and directed the State Bank of India (SBI) to post an officer suffering from severe medical ailments within one of its Jaipur networks.
A division bench of Chief Justice Sanjeev Prakash Sharma and Justice Sangeeta Sharma emphasised that banks must adopt a “pragmatic approach” and show “empathy” toward employees with debilitating health conditions.
The bench was dealing with a plea of an Official Language Officer (OLO) challenging a single judge’s order that vacated a previously granted interim stay.
While in the normal course, this court would have been very slow in interfering with transfer orders, the bench noted. (Image enhanced using AI)
“State functions as a welfare state, and the banks are required to have a pragmatic approach towards their employees, and empathy is required to be shown at their level, especially in circumstances where a person has been in service for a while and suffers froma medical ailment which has resulted in damage to their body,” the court observed.
Background
- The petitioner, a 38-year-old OLO based in Jaipur, challenged a transfer order dated July 25, 2025, which directed his relocation to Hyderabad.
- The petitioner had suffered two major brain strokes in 2021 (acute right posterior parietal infarct and a cerebral artery territory infarct), which substantially restricted his movement and left him dependent on family members for daily activities.
- While a single judge had initially stayed the transfer, the stay was vacated on October 13, 2025, prompting the present special plea.
- Appearing for the petitioner, advocates Manoj Kumar Bhardwaj, Avinash Pathak, Laxmi Nivas Koli, and Tanmay Sharma submitted that the petitioner has been transferred out of the Jaipur circle and posted at Hyderabad.
- They further argued that the petitioner is suffering from an acute right posterior parietal infarct and cerebral artery territory Infarct, and the movement of the appellant has been substantially restricted, and he is dependent on his family members for regular supervision and for carrying out his daily activities.
Empathy Over Bureaucracy: When a Transfer Order Met Two Brain Strokes
Rajasthan High Court — Division Bench Ruling
Banks must show "empathy" and a "pragmatic approach" toward employees with debilitating medical conditions — rigid circulars cannot override this duty
The Case at a Glance
Who
38-yr-old SBI Official Language Officer, Jaipur
Medical Condition
Two brain strokes (2021); restricted movement; dependent on family
Transfer Order
Jaipur to Hyderabad — dated July 25, 2025
Outcome
Division bench directs SBI to post officer within Jaipur network
What the Court Established
Welfare State Duty
State and public-sector banks must function as welfare institutions — employee health is not secondary to administrative convenience
Circulars Are Not Absolute
SBI's May 2023 OLO recategorisation circular does not have mandatory character when medical hardship is involved
Medical Condition Must Be Weighed
Administrative decisions on postings must consider severity of ailment, family dependency, and years of service
Purpose Can Be Served Otherwise
Hyderabad's Hindi-translation need can be met by any medically fit officer — not at cost of the petitioner's health
SBI's Defence — and Why It Failed
SBI Claimed
No OLO post available in Jaipur circle
Court Found
Circular itself allows more than one OLO in various circumstances
SBI Claimed
Circular governs postings and must be followed
Court Found
Circular silent on medical ailments; cannot be applied rigidly in such cases
BENCH'S WORDS
"Empathy is required to be shown... especially where a person has been in service for a while and suffers from a medical ailment which has resulted in damage to their body." — Chief Justice Sanjeev Prakash Sharma & Justice Sangeeta Sharma
‘Rarely would we overturn transfer orders’
- The SBI has submitted that there is no post available for posting the appellant in and around the Jaipur circle.
- By circular dated May 2, 2023, the recategorisation and redeployment of official language officers have been done in the bank.
- While in the normal course, this court would have been very slow in interfering with transfer orders, however, for postings and transfers, the administrative side ought to take into consideration the medical condition of an employee.
- Bank authorities seem to be rigid in following the circular which itself allows more than one OLO to be posted in various circumstances.
- The circular does not mention circumstances relating to medical ailments; however, we believe that such circulars would not have a mandatory character to the extent of not allowing an official to continue to perform the duties in a circle.
- The need for transferring to Hyderabad, which is essentially for providing a hindi translator on account of the linguistic region, can be dealt with by posting a person who is medically fit in all circumstances.
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