• Collocation transfer

I'm KV teacher working from last four years. My husband is in defence. As kv job is a transferable job and I applied for collocation transfer on spouse ground through annual transfer process with fairly good transfer counts 46. The other teacher who has spend above 16 years of service at a same place was about to displace.. But i didn't get the transfer.
Can we challenge transfers guidlines? Or can we apply for without pay leave? 
Being newly wed how we can represent the psychological effects of this transfer decision on our marital life? 
 Please advice favourably.
Asked 7 years ago in Civil Law

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8 Answers

hello

the transfer policy of the govt is so made as to maintain a balance between the efficiency and the employee welfare. a writ petition must be filed in the HC challenging the transfer policy if the govt is not acceding to your demands. kindly provide in detail the policy and your service record etc.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

In my opinion you please don't take a decision in hurry there is nothing to challenge nor you should because challenging of transfer guidelines is a tedious and step taken in hurry so instead of this you should move an application again and if that does not receive the favorable response narrate before the Hon'ble High Court on the basis of newly wed you will get the results.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1. There are several such cases which have not yet been resolved.

2. You can make a try and file a Writ Petition against the Govt. Authority challenging the transfer policy and also inaction on their part in transferring you to your wife's place of posting.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. There is a limitation for going on leave without pay.

2. If you continue to stay without sanctioned leave then disciplinary action might be taken against you resulting in to termination of your job.

3. You should first avail sanctioned leave and then submit medical certificate for extending your leave.

4. Going on LWA is not suggested in the interest of your job.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Approach the High Court in the instant matter after moving a representation highlighting all your grievances.

It is also open for you to challenge the transfer policy itself, either in full or in par.t

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Client,

As per the transfer policy of KV, allocation is not a matter of right of employee. while effecting transfer, organization interest shall be keep upfront.

You must have applied under type - Request Transfer. Transfer count is fine still depends on administration decision.

Not open to challenge.

You can apply for extra ordinary leave but not very longer.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can apply for spousal grounds transfer.

Let the authorities reject your application with their justified reasons, you may approach court challenging the decision of the competent authority rejecting your application for transfer on the basis of prevailing law on this subject.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If not transfer then can we go for without pay leave?

How? And what all options we are available with?

For the present you can apply for leave and in the meantime you may keep trying for transfer to your spouse's duty place.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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