• Transfer of government contractual employee

This is Jitendra Kumar working as Assistant Professor in Darbhanga College of Engineering, Bihar on contract basis under DST, Bihar. As per our agreement as non transferable but after four year contract employee are being transferred to other engineering colleges during renewal of contract which seems to be unconstitutional as per our agreement. So kindly give legal opinion regarding this.
Asked 4 years ago in Civil Law

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16 Answers

The contract is renewed so new terms can be added into it and your job can become transferable. Under same contract they cannot transfer you but under new they can if such term is added to it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This will be governed in accordance with the provisions contained in your ad hoc employment agreement.

If your job is not transferable in terms of the agreement, the university cannot transfer you.

Approach the high court and challenge your transfer order.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

Challenge such transfer order before the HC on the ground that the same is against the terms of the contract.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) You are working as contract employee and in agreement its mentioned non transferable, but see when you are getting transfer ? ... You are getting transfer at the time of renewing the agreement means new agreement takes place. College management are obeying the law.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

No you have full right to refuse as you are under contract basis kindly refer the terms if no terms are changed than you cannot be transferred and the order can be challanged.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

during renewal of contract you can be transferred to other renewal colleges

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

you can refuse to renew the contract if you dont want job in other engineering colleges

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If it was not open for them to transfer you in terms of your old Agreement, it isn't open for them to transfer you now.

As advised, approach the High Court and seek relief.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Send a legal notice to the university for the proper answer if not given file a case in Honourable High Court seeking relief

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

1) Yes they have all rights because every time you are singing new contract agreements. You it will be great if we can get your contract agreements for reading. So we can guide it properly.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Contractual employees are not permanent employees hence they may not have any right as a permanent employee is entitled.

What if the contact is not renewed?

What is the contract condition mentions about this?

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

But all the term conditions are same as before. So as per name of new extension can they transfer us without taking choice from us.

It would depend on the discretion of the top management or the competent authority on this.

The conditions for contract would remain same, but since you are removed and being brought inside by a fresh agreement, you may check what the conditions say about this after which you may decide further course of action.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

Your stand is correct. The remedy you can get can be of restraining your employer from transferring you lies with Hon’ble High Court. If you can offer expenses then approach High Court or instead of arguing with the employer just join in your new place. For more details please contact me immediately through Kaanoon Website.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

They can not, if the terms of the contract are same

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

They can not transfer you against the provisions of the contract

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

The same is possible, but you may challenge that in high court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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