• Denial of giving NOC by Headmaster of school for transfer on special ground

Hello I am an assistant teacher at a govt aided school in west Bengal. My mother has been diagnosed with acute myeloid leukemia. She is under treatment and she will have to be under treatment for the rest of her life. My school is more than 100 km far from my home. I am the only son. My father also works at kolkata which is around 200 km from my home. In this scenario I am seeking transfer on special ground so that I may come close to my home as I have to take care of my mother. Hence I need NOC from the Headmaster of my school
But he has refused to give me NOC. His reason is there are not enough teachers in school and government and school service commission is not recruiting in abundance. I have completed 5 years of service. And our school has 40 teachers. And in English subject there are 6 teachers and 1para teacher. 
What should I do in this situation?
Asked 6 years ago in Labour

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7 Answers

1) since your school head master is refusing to give NOC you need court orders to direct govt to transfer you near your mother residence 

 

2) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hello, 

You may send a legal notice to them and thereafter approach the court against the arbitrary action of the school authorities. 


Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can complaint to education department as well as file writ Petition in high court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

This is for sure that even if you will approach court for transfer as a matter of right, court will refuse and another reason of refusal will be scarcity of teachers. 

Find some way out or some connection to convince HM. Moreover, govt. schools condition is pitiful in all over India, on that note too, remedy from court is blink. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can try seeking this transfer by filing a writ petition in the High Court. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If the headmaster is refusing to furnish NOC then you may approach the competent authority directly with a representation in this regard and can make a mention about the reluctant attitude of the headmaster.

First exhaust the remedies available within the organization and then look for legal options.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Client 

You should file your grievance to Education ministry of your state. 

And also send them request for tranfer on special grounds with all your papers. 

If they don't tranfer you even after written request you can file a writ petition in High court for your transfer.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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