Female employee govt bank transfer rights
I am Rajesh Kumar Contractual Employee of Haryana School Shiksha Priyojana Prishad of Haryana Govt. I am posted at Hisar District of Haryana. And my wife is joined a Public Sector Bank of Indian Govt as a clerk in July 2013. We have two Children. Elder one is 2 years and 6 months and younger daughter is 6 Months old at present. My Mother and Father have been expired few years before my marriage. I have two brothers and one sister, these all are married and have separate family. I, my wife and our children are living in Hisar City near my father-in-law’s house, for the care of our children.
The query is that when my wife joined the bank, she has 6 months pregnancy. Before the joining me and my wife both met the HRM of the bank for joining in nearby branch of the bank in Hisar city, we told the every problems to the HRM Manager. He told us that, he will try. But after her training, HRM appointed her in a village of Panipat District of Haryana (Near about 180 KM from our residence). We both are very upset about this and met again to Manager, but he told her to extend her joining. My wife is not agreeing about this, because she wants to do job before last month of delivery of child. So she joined the bank and she stay in a far-relatives home. She was very uncomfortable to do Up –down for the job. She travels to branch in three wheeler and Jeeps because buses are not stop at that village. Sometimes she feels pain in stomach and sometimes stomach become very tight. So I told her to take Pregnancy Leaves and come home and before two months of delivery of the child, she took the PL. After two months she gave birth to a female child. After 4 months (1 Feb 2014) of delivery she need to join bank again, so we met again to HRM Director of the bank and told him our family problem, because we both are employee and we cannot afford PG and Care taker in different city than Hisar. We live near to our father-in-law house, so they can take care during our working hours. The Director told us to transfer her in ten days after joining her current branch. So she joined again and was contacted to Circle office for transfer after ten days. They told that, they are trying to do adjustment in Hisar city and they also extended the Probation period of the job. Now she cannot take leave without pay, because her job was not confirmed yet. Nurturing of female baby was also effected day by day. Some colleagues told her to go on leave and submit Medical in intervals. So at last now she was on leave and transfer is not done till now and due to medical leaves her Probation period may extend further.
We need help. Please Help on these points:-
1. Female employee does not have any right for transfer in public sector bank of India, if she is in physical, family, children problem?
2. Probation period of the job can be extended if she gone to Pregnancy Leave or any type of leave?
3. Can she not take Child care leave in Probation period? If she can, this is paid or without pay?
4. If she has legal rights please explain all rights in brief.
5. Can she take legal action against HRM and Director of the bank to mis-guide her?
In all above our priority is transfer at Hisar city Branch. So that we can take care of our children and our employee service well and live a happy life.
Thanks in advance from Me, my wife and our family.
Asked in Labour from Hisar, Haryana
No employee has an absolute right to get transferred to the place of his / her choice / convenience. It is the choice of an employer (Government of India) to transfer an employee at any transferable place as per the administrative requirements. In this background, your queries are answered as under:-
1. No employee has an absolute right to get transferred to the place of his / her choice / convenience. However, in case of any physical disability / handicap, an employee can claim transfer at a nearby place in terms of the Government of India Guidelines for transfer.
2. Probation period cannot be extended solely on the ground that the employee had availed maternity leaves. The probation period is extended as per the clauses contained in the appointment letter or the applicable Rules.
3. There is no such thing like “Child Care Leave” in the Indian legal system. There is a provision for Maternity Leave whereafter the employee is expected to report for duty.
4. An employee does not have an absolute right to get transferred to her desired place but, however, an employee has a right to request for her transfer at a nearby place and Central Government, being a model employer, can always consider the request keeping in view the compelling circumstances.
5. Legal action, including civil suit for compensation on account of harassment / misguidance, can be taken against HR Manager and Director but, however, usually it is difficult to prove the same in the court of law on account of insufficient evidence and, therefore, Courts are usually not inclined to grant relief in such matters.
Hope the query stands satisfied. For any further clarification / query please call / contact the undersigned.
Thanks & regards,
Anuj Aggarwal, Adv.
483, Block – II, Lawyers Chamber,
Delhi High Court, New Delhi – 110003
Mob – 09891403206
Email – firstname.lastname@example.org
Advocate, New Delhi