• Transfer

Sir ,I have recieved many letters from my previous place of posting where-in local public as well as administration wants me back into the place.How can I convince my management officially to send my back to the previous place of posting legally or through public letter?
Asked 5 years ago in Labour

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17 Answers

See transfer is state/adninistration subject you can file a representation and can request you cannot force or legally force them to transfer to that place back on this ground.

Though public pressure can be built by the public of previous place to bring you back.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Local administration as well as members of public should make written representation to your superiors to transfer you to your original place if posting 

 

it is at discretion of management to accept or reject said representation 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

 

court will not intervene in said matter 

 

transfer is incidence of service 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Dear Sir,

Public letters are supportive  and effective if you file a petition in court to get transfer.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If public make written representation and request to your management officer then it is possible. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Except filing a Writ before the Hon'ble High Court on the basis as you have mentioned there is no other way.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Hi

A court order is needed if the concerned department involved n your transfer is not acting. but the request of public will not be certainly a reason to consider in court.

You can challenge the action of your management decision in the court stating your personal /family/health reason for seeking a  transfer. 

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

They can send the said letter to your previous department.  They can go to the present GOD and request. Yes writ petition in HC can be beneficial

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

court's won't involve in these matters.It is better to request your higher management by writing a letter officially.They may consider your request if there is genuineness in your request.All the best.

Seshukumar Kuchibhotla
Advocate, Hyderabad
57 Answers

5.0 on 5.0

What are the rules of transfer as per the employment agreement?

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Transfer is an administrative decision and such letters will not give you any right to get transfer. Transfer can only be sought from court if you have any right to get transfer. Transfer depends on the administrative exigencies always.

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Court dose not interfere in transfer of employees unless done with aim to harass employee. Convincing the management is only recourse.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. You cannot file any petition in any court with a prayer to direct the management to send you back to your previous posting just because of public opinion.

2. You are free to challenge your transfer though unless the doctrine of delays and latches operates against you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

State Government jobs are based upon the pleasure principle.....governor or the president.

The state or the central government acts on their behalf and transfers the state government employees as per its requirements.

A government employee cannot be put in a place because of populist sentiments and hence you can only pray to the government to post you there. You cannot be posted there as a matter of right.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The courts cannot order the government to post you there. This petition is not maintainable.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Just because you have received letters from interested people requesting you to return your previous place of posting will not entitle you to get you posted to that place.

You may request for posting to that place on some other compassionate grounds which will benefit you.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Don't be misguided by such petitions or letters, you remain silent until your department initiates any action on its own in this regard.

Any move from your side may become a problem for your own career.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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