• Termination letter

Dear sir,
I am VIKAS PARCHA working in Bank of Baroda as a Probationary Officer and posted at Bikaner but due to family and financial reasons I am absent from my duties since 08/07/2016 on loss of pay.

I have requested Regional Manager-Bikaner for request transfer to Delhi region based on my family and financial reasons which are as below.
At the moment I am living in Delhi on rented accommodation and also my child studies in Delhi in pre-nursery and is in the middle of session.
I have two loan outstandings-Home Loan and Personal Loan respectively apart from my monthly household expenses.
I cannot bear expenses both at my current place of residence and at place of posting due to financial reasons as well as at the moment I cannot transfer my residence to Bikaner.

In spite of repeated request for REQUEST TRANSFER as of BANK OF BARODA's HR POLICY, Regional Manager-Bikaner has not replied any of my email as well as of letters sent through speed post.

Whereas Regional Manager just sent me three reminder letter joining the duties immediately without acknowledging my REQUEST TRANSFER letters and emails sent as per Bank's HR Policy.

And finally Zonal office Jaipur of BANK of Baroda has issued me letter dated 29/11/2016 to report to duties within one month of the date of above letter otherwise my services will be terminated.

Above letter was also sent without acknowledging my REQUEST TRANSFER Letters and emails which is gross violation of my Human Rights and employees right of representation.

Above termination letter is not as per BANK of BARODA's Officers service rules.

Pls advise how I can save my job from termination and get Request Transfer as per BANK of Baroda's HR POLICY.
Asked 7 years ago in Labour

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7 Answers

Dear Querist

issue a reply on this letter with all your issues and requested to transfer due to you personal difficulties.

if they are not ready to consider your application then you may approach to the H.R. of head office of your Bank.

This is only the information letter and not termination letter.

No need to worry, the bank can not take any legal action without disposal of your application/request.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. Join the Bank at Bikaner immediately.

2. The Bank is within its right to issue you notice to join them within the given period failing which they will be constrained to terminate your service.

3. First save your job then pursue your transfer request.

4. You shall have to keep in mind that the Bank is authorised to take its decision for transfer/posting taking in to consideration its overall organisational interest.

Krishna Kishore Ganguly
Advocate, Kolkata
27332 Answers
726 Consultations

5.0 on 5.0

1) rejoin duty within period of one month of receipt of letter dated 29/1116

2) if you are facing finacial constraints your objective should be to save your job

3) you cannot refuse to join till your request for transfer is aceded to

4) after joining service raise the issue for transfer

Ajay Sethi
Advocate, Mumbai
96119 Answers
7731 Consultations

5.0 on 5.0

1. No. The Bank is not bound to reply to all the applications at all. It appears that you are antagonising your authorities unnecessarily ignoring that fact that the Bank can refuse to abide by your request showing organisational requirements.

2. The Bank is not a charitable organisation for providing employment and posting to chosen places. There should be vacancies and requirements of hands also at te place where you are seeking transfer. Try to settle your problem by approaching the concerned person politely and off course patiently.

3. You can not get your favourable transfer by approaching CAT. Tackle the problem more peacefully being patient

Krishna Kishore Ganguly
Advocate, Kolkata
27332 Answers
726 Consultations

5.0 on 5.0

1) your strategy should be to rejoin duty immediately

2) kindly reproduce terms and conditions mentioned in bank of Baroda transfer policy

3) you can file petition before CAT if bank has acted in contravention of transfer policy

Ajay Sethi
Advocate, Mumbai
96119 Answers
7731 Consultations

5.0 on 5.0

You cannot claim transfer to your home place or place of choice as a right.

Since you have placed a request for transfer, it will not entitle you to remain absent from duty awaiting a favorable reply from authorities.

Absenting yourself with unauthorised leave may result into legal action against you including termination of service for absconding.

Since you are residing in a rented house at Delhi you cannot claim it as your home town posting also.

Further you do not have a strong and valid reason for request for transfer to a place of your choice.

In my opinion you must return to your duty immediately instead of risking your employment and career.

You can fight after joining back to duty for your rights, this abstention from duty will be a disaster to you.

T Kalaiselvan
Advocate, Vellore
86320 Answers
2292 Consultations

5.0 on 5.0

CAT is not the proper authority to address your grievance nor it can give any order on such issue.

Applying through proper channel means that you have to apply for request transfer through your branch head/manager.

Just because you did not get a reply you canot law into your hand and remain absent from duty.

Getting a request transfer is not a right and it shall be discretion by the appointing authority.

Realise the practical situation, understand law and take wise decisions at right time.

T Kalaiselvan
Advocate, Vellore
86320 Answers
2292 Consultations

5.0 on 5.0

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