• Unilateral Transfer

Sir, 
I am working in CAG( called AG office) hyderabad. our department has blocked the unilateral transfer from 1997.
I just want to know whether it is againg fundamental right 15(a)?
can I file case against department for not allowing unilateral transfer?
If I file case in CAT what are the chances of winning this case?
Asked 4 years ago in Constitutional Law

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9 Answers

Hello,

If you want to file a case then you will have to challenge the unilateral transfer police for it being against the fundamental rights.

In that case you will have to approach the HC and ask for quashing the transfer property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Ban on the unilateral transfer in the department was due to the acute shortage of staff in various field offices.

2) unilateral transfer would create a wide gap in the manpower availability between offices located in different regions, therefore the demand for allowing unilateral transfer cannot be acceded to. However, new direct recruits would be allocated to station of their choice based on their merit in the SSC.

The DAI further stated that one time option of mutual transfer was in the interest of person concerned as well as the official work. However, it will not be in public interest to allow mutual transfers more than once.

3) if you file case in CAT chances of success are bleak

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

In transfer matters, court are reluctant to interfere unless arbitrariness/malafied/favoritism.

Even Hon`ble Supreme Court has held , transfer policy is sole prerogative of govt. and cannot be interfered unless contrary is proved.

Unilateral transfer is considerable on seeking reversion to the lower post.

Well, this issue needs more study than can be revert if any solution available.

And no violation of fundamental right.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir

1) transfer is not right it is perogative of state and policy of said company or department .

Which you agree at time of joining.

2)Unilateral transfer is blocked to meet the shortage of staff at different parts of country.

3) See the court or CAT doesnot allow transfer or comment on these issue as they are perogative of state secondly if somebody else has been given this benifit or.your malafieldly denied than you can challange same other wise in Normal.condition if court start doing transfers than it will difficult for state to run different departments in different part so court refrain from giving any such order.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. The decision about accepting the Transfer application, even if it is unilateral in in the realm of the department.

2. However, all the affected employees like you can file a special leave petition before the before the Supreme court on appropriate ground praying for a direction upon the CAG to consider the applications filed before them for unilateral transfers.

3. If filing of SLP before the Supreme Court is not possible then you can file a Writ Petition before your High Court on the same ground with the same prayer.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

No, need to file it CAT, just make a representation and send it to your department.

Then wait for someday, and file a Writ of Mandamus.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

It is not against the fundamental rights.

Transfer cannot be claimed as fundamental right but it is the policy and regulation of the organisation.

You can file it if you feel that this would bring you some relief, but before that you must exhaust the remedies within the department, i.e., your application n this regard should have been rejected in writing citing the relevant law or regulation governing this issue, after which you can have a grip to fight agaisnt their decision legally, provided the law is in your favor.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

I don't think not comes under 15A of Indian Constitution. You may take second opinion.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Hello,

NO it does not comes under the purview of Art 15 a .

The department has the discretionary power in this matter .

Hope this helps .

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

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