• Son's responsibilities towards his aged parents

I am Central Government Employee and liable for transfer any where in India. My parents is living with me. My 80 yrs. mother is now blind (Ratinopathy) due to high Sugar & B.P. and 85 yrs. old father is also dependent. Government Transfer me from Gujarat to Kerala and if I will join Kerala I am unable to take care of my needy parents, I am leave as on date since last 03 months. My parents is also not in a position to shift Kerala with me as medical facilities is much more superior at Gujarat.
What will be legal remedies at this point w.r.t .Maintenance and welfare Act, 2007 or any invoked Act against my transfer so that I can take care of my aged parents. Thanks. 
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Asked 4 years ago in Constitutional Law

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20 Answers

You may speak to your HR department on the grounds of old age parents and medical requirement to consider you not to be transferred.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi, it is advisable to file s WRIT in high court for seeking relief against transfer

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Hello,

I would like to suggest you to get in touch with NHRC and inform them about same.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Better file writ in HC or CAT agasint transfer order, showing exceptional circumstances.

No relief under senior citizenship act, for these situations.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Approach the High Court and try obtaining a stay on your transfer on humanitarian grounds.

However getting any relief in the matter is extremely difficult because transfer is an exigency of service.

Take your chance and file a writ.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Any legal action against you transfer, can be taken only by you and no one else including your senior citizen parents.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi,

You are suggested to file application to your Department for cancellation of such transfer and posting to your place, where medical facilities are available for your parents treatment.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Under senior citizens act your parents can only claim maintenance from you

Tribunal would not block your transfer

You ought to make representation to govt against transfer on account of dependent parents

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Parents cannot file suit and seek stay of your transfer

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Sir under senior citizen maintenance and welfare act this for old parents to seek relief against children not the transfer order can be challenged under this.

Further for the relief you need to file a writ petition in high court or better approach CAT to stay the order and further seek posting at Ahmedabad only.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No sir your parents cannot file any legal suit against the government.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If you are a Central Government employee then the application will have to be filed in the Central Administrative Tribunal and if you are a state government employee then file a writ to restrain department order.,You can also file a Writ Petition in the concerned state High Court. The reason for seeking a stay against the transfer has to be genuine and reasonable by describing your parent condition.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Dear Sir,

Thanks for your concern towards your octogenarians, when most of the children putting them in old parents in old age homes and washing their hands.

You have to approach Service Tribunal i.e. Central Administrative Tribunal which will mostly considered your request on humanitarian grounds. Alternatively your parents may also approach CAT which will have more effective and petition filed by senior citizen will be disposed on priority basis.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

One can go through the central government transfer policy and apply accordingly.

It will be great if you provide the your department name.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hi sir, you can approach your authority and give them requisition that you cannot go to Kerala due to your aged parents and also write up your health is not stable sometimes...! And at least you request them to give nearby places of Gujarat and according my experience they can put you somewhere nearby to Gujarat...! Or else your parents can’t file any such suit for cancellations of your transfer only they can file when you really don’t look after them and you left them without looking after them then they are eligible to claim maintaince from you as per section 125 of Code of Criminal Procedure..!

For further details do call me

Advocate at High court of Karnataka

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

1. The only legal remedy for you is to file a writ petition in the High Court to challenge your transfer from Gujarat to Kerala on the ground that it is going to cause great hardship to you and your parents. However, before doing this send a representation to the transferring authority to seek cancellation of the transfer.

2. Your parents have no locus to challenge your transfer.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hello,

There is no provision per se for getting the stay on the transfer order on the ground of the age of the parents.

You are advised to move a representation before the competent authority to consider your case and stay your transfer order.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It has been held that

Transfer is an incidence of service and it does not require the consent of the employee. A public servant has no vested right to seek transfer to a location of his choice. An employee can be transferred on administrative exigencies and in public interest. It is not obligatory on the part of the employer to comply with the principles of natural justice before making an order of transfer. The Government is empowered to transfer a civil servant from one post to another or to an equivalent post in the same cadre or grade or carrying the a lien. No employee can claim to a particular posting as the matter of posting is entirely in the domain of the administration.

No Government employee has any right to be posted at any particular place forever, because transfer is not only an incidence of service, but also a condition of service, and as such it is necessary in public interest and in the interest of efficiency in public administration. There is no hostile discrimination in transfer from one post to another when the posts are of equal status and responsibility. The transfer in posts, which are in the same grade or cadre or considered equivalent can be affected on administrative exigencies

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It may be seen from the provisions of the law what you referred that the senior citizens are entitled only for maintenance and not that the son can seek an exemption from being transferred to a far off place on this ground.

You can make a written representation to your higher officer through proper channel expressing your problems and inability of your dependent and aged parents to take care of themselves in the absence of any proper caretaker.

Hence you can seek posting on compassionate grounds in the same place where your parents are residing citing this as a reason.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Can my parents file any legal suit against Government's transferring authority for making hurdle in taking care of my parents at present place by transferring me from Gujarat to Kerala.

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They can give a representation to the employer expressing their problems and seek to retain you in the same place for the reasons what they rely upon.

No legal suit is maintainable.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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