Dear Client,
Transfer policies are sole prerogative of govt. and courts are reluctant to interfere unless exceptional circumstances demands.
You can try by filling writ in court, considering minor kids court may grant stay.
Transfer Order - Spouse Case
Dear Sir/Madam, I am working with "Madhya Pradesh Poorv Kshetra Vidyut Vitran Company Ltd" ( A company wholly owned by Govt. of M.P). I am working here since 6 years. My Wife is working at "Madhya Pradesh Power Generating Compant Ltd" (A company wholly owned by Govt. of M.P) We both belong to Jabalpur and are Posted in Jabalpur. We have Twins of Age 3 years. My Boss is telling me that he will transfer me to some other district. I want to know that, can i get "STAY" from Court on the basis of Spouse Case.?
Asked 7 years ago in Labour
10 Answers
You can come to the High Court and challenge your transfer only once you have your transfer order in hand.
It is more than stare decisis that transfer is an incidence of service and it is for the executive/administration to decide how to and where to use its employees subject to the conditions of their appointment in the best interest of the organization and public service. What I am trying to say is that Courts generally do not interfere in transfer matter.
Does your transfer policy provides that as far as possible, you and your wife should be given posting at the same place?
Sir transfer is not right if the authroity transfer you can apply for stay in high court but see relief cannot be gurantee as transfer is not right it is perogative of appointing authority.
Hello,
If your service rules provide so and if there is a government order to this effect then yes you may get a stay if the transfer is made.
Regards
file a writ petition in high court to challenge the transfer order stating the reasons why it should be cancelled.
You may not get stay of transfer from
HC
You can make representation to reconsider your transfer as your wife is also state govt employee posted in Jabalpur
If your representation is granted then rely upon guidelines issued by MP govt for spousal transfer and file writ in HC
As this is simply a administrative decision,if taken be, so chances are remote that you will get any relief from any court because your wife is working there is not a ground to stay back. There is only one option which I will suggest that if he passes transfer order then first go there and join and after three months file a writ before Hon'ble High Court for the same on domestic grounds.
1. Unless the transfer order is passed you have no locus to approach the court.
2. If and when the transfer order is made then you can file a writ petition in the High Court to seek quashing of the transfer order on the ground of hardship.
The transfer policy has to be perused.
If you are transferred then you can initiate process for spousal place transfer, before that do not initiate any legal action because it may not fetch any fruitful result instead it may backfire.
In fact your wife can apply for spousal transfer because ladies are given preference on this.
Kindly note that the transfer to a place of your choice cannot be claimed as a right.
If any transfer order is passed then you should file a representation stating the facts above mentioned. It is also since when youand your wife are posted in Jabalpur. In case your representation is not considered or rejected then you can challenge the transfer order before Hon'ble High Court looking into facts and circumtances of the case challenged order may be stayed.
