• Transfer of govt servicing couple.

Sir , I am central govt employee (defence civilian) and transferred at karnataka branch from madhya pradesh on turnover scheme on Aug 2016. I applied for posting me back to MP due to my family problems but they have not recommended my application. My wife is a state govt employee of MP. Is there any law or section which can help me in posting me back so I can stay with my family n take care of them. My parents are retired n I have a daughter 16 yrs old. Pl give some suggestions.
Asked 7 years ago in Labour

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9 Answers

Guidelines have been issued by the DoPT on 'posting of husband and wife at the same station'. It provides for mandatory posting of spouse at the same station if they are in the Central services or working in same Department and if posts are available. It facilitates spouses to be posted at the same station when one spouse belongs to All India Services and the other spouse belongs to Public Sector Undertaking. It also facilitates posting of spouses at the same station or in the same State if one spouse employed under the Central Government and the other spouse is employed under the State Government. The introductory portion of Annexure A/8 OM dt. 30.09.2009 issued by the DoPT throws some light on the raison d'etre and evolution of the policy decision taken by the Government of India in posting husband and wife at the same station. It reads:

'In view of the utmost importance attached to the enhancement of women's status in all walks of life and to enable them to lead a normal family life as also to ensure the education and welfare of the children, guidelines were issued by DOPT&T in O.M.No.28034/7/86-Estt.(A) dated 3.4.86 and No. 28034/2/97-Estt.(A) dated 12.6.97 for posting of husband and wife who are in Government service, at the same station. Department had on 23.8.2004 issued instructions to all Mins./Deptts. to follow the above guidelines in letter and spirit.

2. In the context of the need to make concerted efforts to increase representation of women in Central Government jobs, these guidelines have been reviewed to see whether the instructions could be made mandatory. It has been decided that when both spouses are in same Central Service or working in same Deptt. and if posts are available, they may mandatorily be posted at the same station. It is also necessary to make the provisions at Para 3(iv) and (vi) of the O.M.

dated 3.4.86 stronger as it is not always necessary that the service to which the spouse with longer service belongs has adequate number of posts and posting to the nearest station by either of the Department may become necessary.

3) on basis of these guidelines you can seek posting in MP

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Don’t have Hindi translation of these guidelines

If they refuse to transfer you file application before CAT for transfer to MP

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

hello,

sir office memorandum of 1986 1997 and 2004 specifically state that in order to lead a family life and for the education of children, as long as possible husband and wife should be posted at the same station.

you should give a representation to the department and in case they do not respond then file an OA in CAT.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Firslty, if they have not allowed you to have your posting there then you may take a chance to again move an application to higher authority.

Secondly, if they still don’t react to it then you can also move to the CAT.

Thirdly, but, to avoid all such things you may ask your wife to ask for the transfer to your place as there are provisions in law which may permit your wife for the same.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

You have to show the necessity of the same. If your service rules permit then you can get the Tansfer on compassionate grounds.there are no mandatory Provisions for such kind of transfer.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

It is notified by Dept. of Personal and training that husband & wife, if working in the same Department and if the required level of post is available, should invariably be posted together in order to enable them to lead a normal family life and look after the welfare of their children especially till the children attain 18 years of age.

In your case, husband and wife are from saem dept.

Still you can approach administrative tribunal , basing the policy, age of child, and parents.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

In view of the utmost importance attached to the enhancement of women’s status in all walks of life and to enable them to lead a normal family life as also to ensure the education and welfare of the children, guidelines were issued by DOP&T in O.M No. 28034/7/86-Estt.(A) dated 3.4.86 and No.28034/2/97-Estt.(A) dated 12.6.97 for posting of husband and wife who are in Government service, at the same station.

You can apply for your posting to the place where she is employed since you belong to the Central government cadre and she a state government employee.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Can my wife ask for my posting to my employer?

Where one spouse is employed under the Central Govt. and the other spouse is employed under the state Govt.:-

The spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Can you pl send me all these explanations in hindi. And if I ask for posting on this base and if they refuse. What should be my next step.?

The language is not a problem.

It is how you convince the authorities on the basis of the regulations framed by the government in this regard.

Complaints are sometimes received that even if posts are available in the station of posting of the spouse, the administrative authorities do not accommodate the employees citing administrative reasons. In all such cases, the cadre controlling authority should strive to post the employee at the station of the spouse and in case of inability to do so, specific reasons, therefor, may be communicated to the employee.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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