• Regarding transfer of service

At the time of employment I was recruited for North Tripura District (undivided), where Kailashahar was the District Head Quarter. Thereafter, North Tripura District (undivided) was divided in two separate Districts, one remains as North Tripura District and other one is Unakoti District. Dharmanagar has declared the new District Head Quarter of North Tripura District. And Kailashahar became the head quarter of Unakoti District. Presently I am posted at Kailashahar, which is presently the District Head Quarter of Unakoti District. I personally belong to Dharmanagar, which the new head quarter of North Tripura District. But at separation, I was not given the option to choose between the two Districts. Now North Tripura District is willing to advertise for same post. In such case I have to remain in Kailashahar for my full service life. But I want to move to my home town, Dharmanagar. I want to know whether I can claim for the post at North Tripura District. If yes, then please provide me the relevant case references to support my legal stand.
Asked 7 years ago in Labour

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2 Answers

if option was given by the government to its all employees to choose one of the district then you can file a writ before the high court under article 226 of indian constitution on the ground that fair opportunity was not given to you and it is infringement of your fundamental right enshrined under article 14 of the constitution. then court may pass and representation order to exercise your right to choose one of the district.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

This is due to demarcation of two district boundaries.

Now upon bifurcation of one district into two, some employees may have been affected and some may have been benefited.

The affected employees have option to get their grievances redressed by making proper representation in writing through proper channel to the appointing authority.

The service conditions during the time of bifurcation of district is to be seen.

If you have given consent for a posting to this place you may not have an opportunity to challenge this.

However nothing forbids you from making a representation to the top management seeking relief and remedy to your plight.

Your letter should be sympathetic and convincing your problem.

After that if your problems are persisting, then you may initiate action as per provisions of law in this regard.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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