• Transfer to the place of spouses posting

Sir,
My wife is central govt. employee & posted in kolkata. I am PSU employee & posted in bihar.
I applied for transfer to the area of posting of my wife 6 months back. My office is extremely reluctant to transfer me to kolkata though my company regional HQ is kolkata. Can i file a petition for transfer. Pls guide me.
Asked 7 years ago in Labour

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10 Answers

1. If your application for transfer has not been officially turned down, send a reminder to it marking a copy thereof to higher authority.

2. If no relief is given with in 1 month, you can file a Writ petition before the concerned high court against inaction of your PSU employer contravening the circular mandating the said transfer.

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

Hi, you can file a writ Petition in high court

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

the matters of Kendriya Vidyalaya Sangathan Vs. Damodar Prasad Pandey, (2004) 12 SCC 299, the Honble Supreme Court has held that Transfer which is an incidence of service is not to be interfered with by courts unless it is shown to be clearly arbitrary or visited by mala fide or infraction of any prescribed norms of principles governing the transfer {see Abani Kanta Ray Vs. State of Orissa, 1995 Supp (4) SCC 169:1996 SCC (L&S) 175 : (1996) 32 ATC 107}. Unless the order of transfer is visited by mala fide or is made in violation of operative guidelines, the court cannot interfere with it {see Union of India Vs. S.L. Abbas,(1993) 4 SCC 357: 1994 SCC (L&S) 230 : (1993) 25 ATC 844 : AIR 1993 SC 2444}. Who should be transferred and posted where is a matter for the administrative authority to decide. Unless the order of transfer is vitiated by mala fides or is made in violation of any operative guidelines or rules the courts should not ordinarily interfere with it. In Union of India Vs. Janardhan Debanath, (2004) 4 SCC 245 : 2004 SCC (L&S) 631 it was observed as follows: (SCC p. 250, para 9) No government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place or place of his choice since transfer of a particular employee appointed to the class or category of transferable posts from one place to another is not only an incident, but a condition of service, necessary too in public interest and efficiency in the public administration. Unless an order of transfer is shown to be an outcome of mala fide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the courts or the tribunals normally cannot interfere with such orders as a matter of routine, as though they were the appellate authorities substituting their own decision for that of the employer/management, as against such orders passed in the interest of administrative exigencies of the service concerned. This position was highlighted by this Court in National Hydroelectric Power Corpn. Ltd. Vs. Shri Bhagwan (2001) 8 SCC 574:2002 SCC (L&S) 21

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Respected sir...

The spouse employed under the PSU 'may apply to the

competent authority and the said authority may post the officer

to the station or if there is no post under the PSU in that station,

to the station nearest to the station where the other spouse is

posted. If, however, the request cannot be granted because

the PSU has no post in the said station, then the spouse

belonging to the Central Service may apply to the appropriate

cadre controlling authority and the said authority may post the

said officer to the station or if there is no post in that station, to

the station nearest to the station where the spouse employed

under PSU is posted...

Thanku

Dinesh Sharawat
Advocate, Delhi
1265 Answers
12 Consultations

Before file petition for transfer you need to resolve the local remedies available.

Once you get any response from your head office you can pursue the same by filing a petition for transfer sighting all the grounds with documentary proofs.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

When husband and wife both are govt. servants, best efforts should be made to post them at one place so that the family life is not distributed. It is only when the exigencies of services so demand and there no other alternative approach that that may be uprooted and deployed at separate places.

If you have already represented your matter before the Higher Authorities, you may take your chance and approach the High Court and seek some indulgence.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Dear Client,

It is the sole prerogative of Govt. in transfer matters and court are reluctant to interfere until there`s any discrimination/arbitrariness.

Use sources to convince your department authorities, since when u r posted in bihar ?

Yogendra Singh Rajawat
Advocate, Jaipur
22984 Answers
31 Consultations

Give a representation to the department.

Then you may file a petition in the High Court.

You may please note that it is not your right to get the transfer at your preferred place, but yes you may claim the same by filing the Writ Petition.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Before approaching court you have to ascertain that whether she applied for spousal transfer, if yes then what was the result.

The court will ask you the same question, then what will be your answer?

It is not necessary that only you should apply for spousal transfer, even she can apply for a transfer to your place until and unless any opportunity near your place is not available.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

Yes you can file an application for transfer but the same should be supported by some good and valid grounds otherwise you will not be entitled to transfer.

Sanjoy Bose
Advocate, Kokata
17 Answers

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