• Central govt transfer related matter.

I was posted in remote area of sunderban area in central govt deptt.for family reason after several attempt and by prayer i abled to be posted in near by my home.but after one and half years before completing my tenure (4 years) i am again transfered to sunderban area in public interest.when many of our junior are getting posting in near by home , i always deprived.i guessing that my boss made influence for my transfer as my relation with him was not good for many reason.i dont like to compromise anything for work.i have one baby of 1 yrs and i am also suffering in nurve dieses since 2 yrs.i am living with my widow mother of 65 yrs & i am the only son of my mother. May i get any relief ?
Asked 4 years ago in Labour

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8 Answers

Hi,

It is suggested that you file an application for re-posting to your home zone and if the same is not heard within a period of 45 days, file a writ in the High Court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Client,

Transfer is sole prerogative of govt. and court usually do not interfere with transfers until found that transfer is effected by malafied and arbitrary and a means to punish employee under ego of senior.

Gather details of employees,transferred/posted near home and arbitrariness apparent in ur case, than possibles through court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello sir , it is advisable to file a writ before high court for the transfer nearby your home by aiding medical problems

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1.Trasnfer is laways made for effective admisntration of the departmnet and choice of place of transfer cna never be the right of the aprties unless the Service Rules gives any preferential right to the emoloyee.

2.Howeevr it is equally important to know the transfer to effectuate punishment is illegal and can be set aside in court.

3.if in your case the term of posting is directed to be 4 years in one place then transfer beofre that would be breach of Rules.

4. moreover your sour relationship with the department gives credence to the allegations of punishment behind your transfer.

5. So yours is a good case where you can challenge the transfer beofre the Administrative Tribunal of the High Court as your service Rules so provides.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

file application before CAT to challenge your transfer as you have been posted in remote area before your 4 year period has expired whereas other officers continue to enjoy plum postings

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

The transfer is sole decision of the governemnt or person authorized on behalf of goverment it cannot be challanged on arbitrary grounds though of the transfer is out of malice and senior-junior disturbed relationship then it can be challanged according to service rules before Central Administrative tribunal. So gather evidence and file before CAT.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You may make a representation to the top management to consider your case for a posting near your home town on compassionate grounds owing to the pressurising situation in your home.

You can only make representations and request for a transfer to the place of your choice.

Since this is discretionary power, the management may or may not accept your request.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

Hello,

Transfer police is the prerogative of the government, However, while filing a writ petition before the HC you are able to show that there is some malafide by your boss then you may get a stay on the transfer.

In any view of the matter, you may give it a chance by filing a writ before the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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