• Cancellation of transfer

Sir I am working in Central Govt Autonumous bodies every year online transfer application we have to filled and have to select place either deemed or vacant and as per positive point of staying we get transfer I have selected deemed which is indirectly a vacancy treated as they have to displace since they completed 10 years and negative marks .

As per annual transfer list a draft list of annual transfer of organization was put on website on march 2018 where my name was in Serial no 7 under hard/ very hard category and projected place was Karimganj Assam which is deemed vacancy(those who completed 10 years they must be transferred ). Subsequently the final tender list transfer was publish on april 2018 which is treated as final and in serial no 14 without alternation my name was on the list .
As per the list I have to go Karimganj Assam ,Karimganj staff to Along Arunachal Pradesh and Karimgangj staff is a deemed vacancy as she has displaced since she completed 12 years as per transfer law 

 Fact is that the place where I selected for my transfer and projected and posted in the both list draft and final it is cleared deemed vacancy but surprised to get letter few days back my transfer is cancelled saying reason that no vacancy in Along Arunachal Pradesh where karimganj staff has to go . Sir as per rule deemed posting has to displace but in my case it is not done as per transfer by law and guidelines preference for me as I am posted in Very Hard station.
Asked 4 years ago in Labour

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5 Answers

Firslty, you need to go and make a representation to the your department.

Secondly, stating all the relevant proposals a well as the outcome of it.

Thirdly, if they still do not react to that it give negative answers then please file a Writ of Mandamus for seeking direction to the department as to on what basis they have been doing it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

file RTI application a s to why your transfer has been cancelled

2)you can file application in CAT to challenge cancellation of your transfer

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Sir a representation before department seeking reason for this arbitraroty order can be made and. It can be requested to cancel the transfer cancellation order and you should be given transfer.

Further if there is no satisfactory reply from the department and the authority has not acted as per rules of your service.

Further the order of cancellation can be challange before the Central Administrative tribunal. On illegality and arbitraryness in order the CAT can grant you relief

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can make a representation in writing to the top management or the competent authority mentioning the said discrimination through proper channel.

Let the authorities give a reply either accepting your request or rejecting the same.

If you dont get justice then you may approach CAT (if eligible) or the high court with a writ petition seeking relief and proper remedy and to stay the orders for transfer till disposal of this writ petition.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

Hello,

if the same is not being done as per the policy of the transfer then challenge the same before the HC under article 226 of the Constitution of India.

Get in touch with a local lawyer, who may help you with the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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