• Default transfer policy of govt

Dear all,
I m working at most difficult area and completed my tenure on June 2018.after repeated requests department is not interested in transferring me to soft area. As my mother is under treatment and at old as both are over 60+.no one at home to look after them. And I m also getting high altitude sickness and confirmed by MO. So respective all these situations i filed my case in honerable tribunal for govt employees and transfer policy also clearly defined to relieve who completed their tenure but govt tries to create problems for employees working in most difficult situations in very hard areas while some other employees enjoy mutual transfer and allow to work whole life in favourable stations. Why such kind of default policies can i challage the whole transfer policy and demand of transfer act for justice. Please suggest as i m victum so as many employees.
Asked 7 years ago in Labour

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11 Answers

Transfer is an incidence of service and Courts and Tribunals generally do not interfere in these matters unless you demonstrate that the decision pertaining to your transfer/non-transfer is vitiated by malafides or is in direction violation of the transfer policy or any other statutory provisions.

If you can make out a case for yourself relying upon the transfer policy, then take a chance and approach the Tribunal.

No need to challenge the entire transfer policy unless you can make out a case of biasness.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

since you have already filed case before Tribunal for transfer from difficult area after completion of your tenure you should wait for court orders

2) your medical reports should help you in obtaining transfer

3) further that you have old dependent parents ought to be considered while passing transfer orders

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

the reason being political influence is used to obtain favorable transfers

hence you are not being transferred inspite of completing your tenure

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Whenever any policy which is not followed by any of the Agency or the Government then please file a Writ before the Hon'ble High Court( All affected employees can file one Writ).

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Client,

Courts are not inclined to intervene in transfer matters unless not arbitrary. Neither courts issue directions to govt. to frame transfer polices as Sole prerogative of govt.

Better approach administrative tribunal, show your hardship and old age of parents.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If you are entitled to some relief in accordance with the prevailing policy, approach Court.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

file a writ petition in High court and challenge the same.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hello,

The police being a matter of administration can not be challenged until and unless the same is arbitrary or is causing some kind of in equality.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

if you have cogent grounds to prove that the same is causing inequality then you may go ahead and challenge the entire transfer policy before the court.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You may apply for compassionate grounds transfer to the place of your choice on the grounds of your mother's sickness and other grounds that you rely upon.

Send the application through proper channel to the higher authority.

Let them reject the same a give a reason, you can approach high court on the basis of the decision given in your favor by the tribunal, for relief and remedy.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

But why we have to approach court for transfer from hard areas why govt not framing any transfer act to benefit all employees why not we relieved after completing tenure as policy alredy framed

The government policies are very clear that nobody should suffer continuously.

The government policies are not implemented by the corrupt official machinery.

Hence to establish your rights you have no other option than to approach court for relief and remedy

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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