You can get relief from Hon'ble High Court so file a writ there.
Seeking transfer for my wife who is state govt employee and me PWD central govt autonomous institute
I am disabled employee of an autonomous institute under power ministry(having five branches in India liable to transfer) working in bangalore for past 18 years.My wife is state govt employee working govt collage as typist for 6 years. We have been married since fore years still working in our working places. In midst she faced series of miss carriages . We requested her department for transfer her post to bangalore. It got rejected beacuse of Autonomous institute. We approached ministry to seek deputation to some other department in bangalore at least to live in one place. the department ansers they have several posts in there department itself because of manpower they cannot give deputation. We approached chief minister of karnataka in govt programme . he assured to transfer and wrote on my request and posted to further to higher education ministry department. so far we cannot trace the reply from department what action have been taken. we approached higher education minister office and office of higher education minister writes letter by requesting deputation for my wife. in reply to minister office letter department wrote In many places in bangalore posts are vacant. Because of there is no substitute if she deputed to bengalore hence she is not eligible for deputation .I may please request you how can I approach tribunal what are the guidelines in case disabled central govt employee and state govt employee wife life . please help me. thanking you
Asked 7 years ago in Labour
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8 Answers
The relevant guidelines say, as far as possible the husband and wife may be posted together . Having said that, since transfer is an incident of service, the above quoted guidelines does not confer upon you a legally enforceable right.
I'll advise you to take your chance and approach the High Court/concerned Service Tribunal.
in the he matters of Kendriya Vidyalaya Sangathan Vs. Damodar Prasad Pandey, (2004) 12 SCC 299, the Honble Supreme Court has held that Transfer which is an incidence of service is not to be interfered with by courts unless it is shown to be clearly arbitrary or visited by mala fide or infraction of any prescribed norms of principles governing the transfer {see Abani Kanta Ray Vs. State of Orissa, 1995 Supp (4) SCC 169:1996 SCC (L&S) 175 : (1996) 32 ATC 107}.
2) Unless the order of transfer is visited by mala fide or is made in violation of operative guidelines, the court cannot interfere with it {see Union of India Vs. S.L. Abbas,(1993) 4 SCC 357: 1994 SCC (L&S) 230 : (1993) 25 ATC 844 : AIR 1993 SC 2444}. Who should be transferred and posted where is a matter for the administrative authority to decide. Unless the order of transfer is vitiated by mala fides or is made in violation of any operative guidelines or rules the courts should not ordinarily interfere with it
3) . In Union of India Vs. Janardhan Debanath, (2004) 4 SCC 245 : 2004 SCC (L&S) 631 it was observed as follows: (SCC p. 250, para 9) No government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place or place of his choice since transfer of a particular employee appointed to the class or category of transferable posts from one place to another is not only an incident, but a condition of service, necessary too in public interest and efficiency in the public administration.
4) your wife should file application before SAT for transfer to bangalore wherein you are posted
Your case is an extraordinary one and situations arise in organizations and departments have rules which take care of such situations. You should file a writ petition in the hc and the hc will direct the authorities to dispose the matter by a reasoned and speaking order and the authorities shall either accept or reject your request but they will surely have to give a reason for that which most probably they won't have and hence they will grant your prayer.
Regards
Tribunal cannot come to the rescue of your wife in this case. She has to file a writ petition in the High Court to seek her posting to Bangalore on the ground that her rights under Article 21 are being violated.
Yes you can approach the tribunal and if it doesn't grant you justice then move writ petition in HC.
Dear Sir,
You can file a petition before the service Tribunal or High Court for necessary orders. There are so many similar instances wherein the Courts help the couple to reside in a single place. In the meanwhile find out the relevant circulars issued by your respective departments which facilitate you to get favorable orders.
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.
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.
Although, normal channels of representations/complaints redressal mechanism exist in the Min. / Deptts., added safeguards to prevent noncompliance may be provided by ensuring that the complaints against nonadherence to the instructions are be decided by the authorities at least one level above the authorities which took the original decision when they are below the level of secretary to the Govt. of India/Head of the PSU concerned and all such representations are considered and disposed off in time bound manner.
If you plan to approach CAT, you may take the assistance of an advocate and under proper guidelines, you may represent the facts before CAT and seek intervention, if this attempt also fails then you may plan to approach high court with a writ petition seeking relief and remedy.
