• Intimation of inconvenience is illegal?

Dear Sir/Madam,
I am a doctor with ESIC Hospital under ministry of Labour and Employment, Govt of India. I am living with my wife in the vicinity of the hospital where I am currently posted. Now my wife is pregnant for first time at her third trimester (last 3months) of pregnancy. There is no one other than me to take care of her medically, socially and in households. Now the authority wants to transfer me to an outstation dispensary for 1 year. So, before the order of transfer has been issued, I have given an intimation/information of my inconvenience (with necessary medical records and USG report of my wife) to move out of my present posting till the delivery of our unborn baby (about 3months of time), and requested them to avoid any such transfer order during the period.
 Now the Medical Superintendent had called me in his office and verbally informed me that, by submitting the information/intimation in written, I have done a gross mistake and it goes against the CCS rule of Govt and he has kind of threatened me to damage my service record with the given application of fact and my inconvenience. He is trying to put pressure on me to withdraw the application by giving withdrawal letter.
 Now my question is, have I really done a mistake legally by submitting an application of inconvenience? 
N.B.- I have also forwarded the application through my HOD with my HOD's consent, HOD's sign with stamp on the application.
Please help.
Asked 7 years ago in Labour

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6 Answers

Hi

You have done the right thing and the officer concerned in authority is pressurising and intimidating you.

There is no illegality about it, you have not violated any guidelines by submitting the deals of sonography or other reports. Your ground is genuine and if he can't act on this request of yours let him give a reason in writing which will be on record.

You don't fall for his blackmailing.

He is at inconvenience as you have submitted the reasons with proper supporting evidence of the medical document.

Be firm on your request and application, and wait what he does further.

If your rights are infringed you should appropriate the higher authorities first and then court of needed

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

you have not done any mistake

2) you have forwarded your application through HOD with his consent

3) dont give any withdrawal letter

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Dear Querist

You do not done any illegal act, it is your right to present your inconvenience before your department, if any, and nobody can restrain or threaten to you for that.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You need not be worried about the medical superintendent's dictates.

There is nothing wrong in making a written representation seeking relief for temporary issues.

You do not withdraw the application.

Let him give a reply In writing so that you can handle it legally.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

I find no mistake on your part for having put forth your problem before the authority for redressal.

2. You can consult the CCS rule from your Hospital to ascertain that there has been no mention in the said rule book that it is a misconduct on the part of the employees to submit application before the authorities seeking reliefs against some genuine and specific problem.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

I have done a gross mistake and it goes against the CCS rule of Govt and he has kind of threatened me to damage my service record with the given application of fact and my inconvenience.

he cannot do so, because in catena of cases the supreme court has held that transfer and posting is an administrative action and authority must bear in mind convenience of the employee.

if he refuses to do stop your transfer you should file a mandamus writ before the high court. you will get justice from the court because you have genuine reason to not join that place.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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