I am working in a PSU Bank as officer since the past 6.5 years. I have never requested for home town posting till now. Now, since I am pregnant I have requested for a home town posting which was rejected by the DGM of my region on the grounds of non-performance at my job as Dy Manager in one particular branch. The perormance of the entire branch was cited as low and I am being personally held responsible. While my Performance Appraisal Reports of previous years have been more than satisfactory and none of ky managers including my present manager will not call me a non-performer I feel that this is gross injustice. I was given more than 7 posting/ transfer orders in the past 3 years. I have served on deputation in more than 10 branches accross my home state (frm the southern end to the northern end of the state). I have slipped disc medical condition and when pregancy is combined with this, I cannot stay away from my family support.or my doctors who have been treating me for a long time. I strongly believe that the.present DGM has personal vengence against me because he had given me punishment transfer on [deleted] and I did not call him or beg him to reconsider the transfer. I came to know that he told some senior colleagues of mine that he will make me resign. Also since I have gone on medical leave one month back he has not.given any extra staff to my branch. This is also to force my Manager who is a very understandig and supporting person to ask me to join back. Our transfer policy clearly states that employees may request for and be granted home town or spouse grounds posting once in 10 years and twice in a career time. This is the first time I am applying. Kindly give me legal advice on this issue.
on account of your pregnancy your request for home town posting should have been considered by DGM
2) as per circular issued by govt of india married females should be posted at place where husband is posted or near the place
3) if your transfer application has been wronlgy rejected you cna move CAT against bank decision
F.No.4/9/1/2014-IR
Government of India
Ministry of Finance
Department of Financial Services
Jeevan Deep, IIIrd Floor,
Parliament Street, New Delhi
Dated the August 8, 2014
To
Chairman, SBI/CMDs of all Public Sector Banks including IDBI
and SBI Associates
Subject: Transfer of female employees in Public Sector Banksminimizing
their hardship.
Sir,
It has been brought to the notice of this Department that female employees of
Public Sector Banks (PSBs), married or unmarried, when placed/transferred away from
their husbands or parents, as the case may be, to distant locations face a genuine
hardship and develop a feeling of insecurity. Keeping this in view, it has been decided:
i. To accommodate as far as possible placement/transfer of married female employee,
on her request, at a place where her husband is stationed or as near as possible to
that place or vice versa; and
ii. To accommodate as far as possible placement/transfer of unmarried female
employee, on her request, at a place where her parents, are stationed or as near as
possible to that place.
2. PSBs are, therefore, advised to frame a policy on the subject with the approval of
their Board suitably incorporating the above and take immediate action for
implementation and compliance. Pending requests may also be considered under these
guidelines. A line of confirmation may be sent to this Department immediately after
adoption of the policy by the Board of the Bank.
3. This issues with the approval of Secretary (Financial Services).
Yours faithfully,
Sd/-
(Manish Kumar)
Under Secretary to the Government of India
UNQUOTE
With warm greetings,
Yours comradely,
(HARVINDER SINGH)
GENERAL SECRETAR
Since the region DGM rejected your transfer application you can approach Banking Ombudsman reddressal as you have good and sufficient reason for seeking transfer to hometown.
Thank you Mr. Lakshmi Kanth sir. But as far as I know, banking ombudsman is for complaint reddressal of customers and not bank employees. Please correct me if I am wrong.
You are correct banking ombudsman is for redressal of grievances of customers
Remedy of aggrieved employees of bank is to approach CAT
Transfer is a part and parcel of the job which has to be accepted. The courts do not quash transfer orders unless it is proved that transfer is actuated with malice or it will cause great hardship to the officer transferee. You may challenge the transfer order in the High Court on the ground that it will cause hardship to you. If you are relying on malice then it has to be proved,
1. you should file a writ before the high court, because a pregnant lady has right to get preference posting if it may help in proper care of child in her womb.
2. this is exceptional condition and administrative officer cannot take shady grounds.
3. it is not routine posting, so you can get proper relief from the high court.
You first go through the service regulations entitling you the privilege of such transfers.
You may make a representation in writing to the top management venting out your grievances and the reasons for which you request transfer to your home town.
You can attach the copies of the documents supporting your case to the written representation as base for your genuine request.
If the authorities turn deaf ear to all your efforts and if all the remedies within the organisation has been exhausted then you may approach the issue legally by first filing a writ petition seeking relief and remedy.
But as far as I know, banking ombudsman is for complaint reddressal of customers and not bank employees. Please correct me if I am wrong.
Your understanding is right that the banking ombudsman may not b right authority to redress yor grievance, you may contemplate to initiate legal process if the remedies available within the organisation has been fully exhausted.