• Problem in transfer of services

Dear Sir, 

I am working in a Nationalized Bank since 2006 as a IT Officer and posted in Punjab State since joining my services in Bank upto till date. I belong to Rajasthan State . I got married in 2013 and got a Girl child in 2014. My wife also got State Govt Job in State electricity deptt. in Rajasthan state in 2015.

Now It has been 3 years I am trying to get transfer of my services in Rajasthan State but no one is listening in Banks Management. My wife services can not be transferred out of Rajasthan. 

I spend valuable 12 years in Punjab almost 1250 KM from my native place. I have girks child which is now almost 3.5 years and barely spent 3 months with me. sometime I feel deprived father, son and husband. 

Feeling very pressure and wife is also in pressure situation. I dont want to say my wife to leave job 
because its her equal right as mine. I dont know what is rules but still after spending 12 years i can not get back to my home or nearer place. 

Please guide , if there is any legal help i can get .
Asked 4 years ago in Labour

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9 Answers

Hello,

Writ petition can be filed at the place where the HO or the Branch office of your bank is situated.

Share the copy of the transfer policy of the bank and all the representations made by you to the bank.

Also, please see if there is some police in effect in your bank which says that a person will be preferably transferred to the working place of his/ her spouse.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) Try to contact at head office at your area or division office. See the head of Department who handles the transfer from one place to another, explain whole your situation to that officer.

2) See the MOU agreement you have signed while joining the bank.

3) By legal pressure your problem will not solve, it can be solve by mutual talk with seniors from place or to place.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You can rely upon guidelines issued by govt for posting husband and wife at same station

Posting of husband and wife at the same station

F.No.28034/9/2009-Estt.(A)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

North Block,New Delhi,

Dated the 30th September, 2009.

OFFICE MEMORANDUM

Where one spouse belongs to an All India Service and the other spouse belongs to a Public Sector Undertaking:

The spouse employed under the Public Sector Undertaking may apply to the competent authority and said authority may post the said officer to the station, or if there is no post under the PSU in that station, to the State where the other spouse is posted.

(vi) Where one spouse belongs to a Central Service and the other spouse belongs to a PSU:-

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.

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. Transfer is not a right of an employee unless there is something in the rules. It is for the department to decide whether to transfer or not.

2. The rules of your institution have to be seen to determine whether there is any scope to file a writ petition to seek transfer, albeit nothing stops you or your wife from making a representation to the department to transfer you to your home state. If the representation proves to be futile then you can file a writ petition in the High Court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Spousal ground transfer is available for female employees but male employees have to toil in such situations.

What about your representation to the management?

Is your bank employees union not rendering any help?

Transfer to home town cannot be claimed as a right by the male employees hence approach court of law for this may also not fetch you any desired relief.

In any case you may aproach high court with a petition explaining your plight in this regard and pray for remedy and relief.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

It is not open for you to seek transfer to your native place as a matter of right. Having said that, since you both are in Government service, if it is possible to accommodate you both as one place, there's no harm in relocating you.

If you have already represented before the Bank, you can take your Chance and file a writ of mandamus in the High Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

Transfer policies are sole prerogative of govt. Even courts are reluctant to interfere with transfer policies/orders until effected by arbitrariness.

All i can suggest you to request authorities for transfer.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

There are two ways to resolve this crisis. In first case you can leave your job and can join any job in your state.

In second case you should write a letter to the administrative authority of your bank to establish a domestic enquiry committee in your matter who will listen to your transfer matter and then will pass an order considering all the situations. In case the order of domestic enquiry goes against you then you can come before the court against that order.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

It depends on the service rules of your bank. If your bank has such service rules related to transfer it will prevail. If such service rule violates your fundamental right you can challenge the same in court of law.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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