You may file a writ petition against then before high court as they discriminate you with other employees which is the violation of your fundamental rights provided by constitution of India.

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instead of filing case of mental harassment better file petition in CAT and seek transfer as your spouse is working in delhi

2) your wife filing case of mental harassment would be counter productive

Hi

Firstly, you check the ground of transfer granted for other person.

In case, if the same are in line with your case, then you can question the basis on which the transfer was granted.

Further, you can initiate proceedings against all concerned for adopting double standards before appropriate forum / court of law.

Finally, if the concerned did not comply with the said recruitment rules, then you have a good chance to get your request looked into.

However, a word of caution, you maintain clean chit of your SR and also maintain cordial relations with your high officials.

Good Luck

WELL, THE SAID rULES NEEDS TO BE CHECKED BEFORE FURTHER ADVICE.

Generally as per the standard CCS Rules the spouses are to be posted in the same station and any aviration from this Rule must be under exceptional circumstances.

So the management must be taking some lame excuse.

Send them a detailed representation seeking transfer in the same city. Once it is ejected file a writ petition or case before the Administrative Tribunal.

Rather than filing case against higher authority better approach CAT and seek for transfer to delhi. Also just look into on what grounds other person was transferred from Delhi to Jaipur. If you can get records of that so that can help you to fight your case legally in CAT.

1. No mental harassment case can be filed against the authority as it has done nothing illegal. If there is no provision in the rules to accede to your request then the authority cannot act in violation of the riles.

2. The remedy for you is to file a writ petition in the High Court against the decision of the competent authority whereupon the HC may order it to post both of you at the same place.

The transfer can not be claimed as right as the department can make arrangements according to its need. Though preference is given at rhe location the wife is posted.

If there is any discrepancies ny department kindly.get the grounds on which or rules on which the transfer is done of other employee and you can file before Central Administrative tribunal for transfer.

1) Yes you can file case against that authority by making double standard practice in the law and implementing it. If you have sufficient evidence than tell the same issue to higher authority and check what he says take a skip level meeting.

Don't file a mental harassment case, rather approach the High Court and file a writ of mandamus.

Prior to approaching the High Court, move a representation and seek transfer to Delhi, claiming parity with the other employee you are talking about.

Contact a local lawyer having experience of handling service disputes.

Dear Sir,

Remember, you are a Government officer and you cannot control the activities of Higher Authority by filing such complaints instead compromise with them or try to be away with them. One option is available to you is that just approach the High Court or Service Tribunal for transferring you from Vadodara to Delhi on the ground of existing circulars and also on the ground of similar transfer to another officer. Hope you will succeed.

You can file writ petition in high court for transfer stating the reason , but before moving to high court file representation to the concern authority.

If you can cite the policy before court you can file writ petition before Gujarat HC for the same.

instead you just send the reminder for your application citing the case of transfer from Delhi Unit

Mental harassment case is not maintainable however a representation to the higher authority may be made and exhaust remedies.

After the higher authority refuses to accept your request, you may aproach court or tribunal or high court as applicable with a petition seeking to get both posted in the same place where either of the spouse is stationed.

You can cite the incidence of another employee availing this benefit.

wait for orders to be passed by CAT

2) then only take a call of filing any cases against concerned authority

3) you should not file any cases as they would then file appeal against CAT order before HC

There is no personnel of the department directly involving in it in his or her personal capacity for all the sufferings you had to experience.

Hence in the above case seeking remedy to the harassment faced by due to the departmental proceedings cannot be taken agaisnt the department.

Nobody can be personally held liable for all these debacles.

First of all you try to obtain remedy from the CAT and then you can decide any other course of legal action.

However you may not succeed in filing any a case against the department to redress your grievances.

The further cause of action can be suggested based on the order of CAT if the tribunal holds that you were not rightly transferred though you were entitled to than you can file a case against authorities on abuse of power and using position to causing injury and harm.

The Indian Penal Code also says that if a public servant is not acting in accordance with the way he is supposed to conduct himself or contrary to any direction of law with an intent to save the person from punishment, then such a person will be liable for punishment of imprisonment of 2 years or fine or even both.

Yes once your final order comes you can take legal remedies as per both civil and criminal Provisions against the said officers. You can also avail compensation for mental agony and torture for you and your family.