Hi, My mother is working women in Bihar Government health department and working as Nurse in Goverment hospital, while my father having stock recently, Hence my mother have to take care along with job. she is willing do do duty, while head doctor have assign my mother in two different location to do the duty in a week (3 day from one location, another 3 day from other location) also these two location are more than 40 km away.Doctor is doing all these for money. Want to check is there is any legal remedy, also can he do this ? Regards, Manish
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Dear Manish
Since your mother is a Government Employee, she is bound by the Terms & Conditions (T&C) of her employment with the concerned Department.
You check the T&C of her employment. In case, if the same does not permit her to visit other place you can question the Doctor's instructions.
You can also get initiated departmental proceedings against the Erring Officials / Higherups.
Before taking any step, you check and confirm the same.
your mother can request that she posted at one place only as husband has suffered stroke and not possible to work in 2 hospitals in a week
Taking care of family member is not a valid ground for transfer at home town or near home posting.
However if transfer is made with some malafide intention or arbitrarily not for reasons of exegencies of work, such transfer can be challenged in court.
Hi,
The remedy in this case is to first put up departmental application to consider the case sympathetically and grant posting at a place from where the home can be managed easily. If the same is denied by competent authority, you may file writ petition in high court.
Is there any written order like so if it is there then challenge it in a writ before the Hon'ble High Court and definitely it seems that your mother continuously becoming the victim of a intentionally and deliberately departmental harassment.
Before filing writ move one application urgently to the Health Minister, CM and CMO giving full facts that to keep your mother one place on basis of requirement at home after duty hours due to illness of your father.
She can challenge the assignment. Besides, govt. employee cannot be made to work on 2 different locations. Appointment only at one permanent location. Only on deputation she can be send to other location but for sometime not randomly.
She can file a petition to the Concern Department Officer requesting to cancel the shifts order citing family reasons.
Such assignment of duty may be out of necessity. How do you say that doctor is doing this for money?
Raise a grievance through official channel before resorting to legal remedy.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
@Yogendra Singh Rajawat: can you please details the law lead related to "govt. employee cannot be made to work on 2 different locations. Appointment only at one permanent location".
This is for certain, place of reporting obviously be a specific location otherwise her performance capacity will effect adversely, further this can be done by HOD by written orders.
She can file writ petition in high to counter the harassment
What are the terms of the appointment and by which act her appointment is regulated?
You will have to share the copy?
Also, share the copy of the order by means of which she has been directed to do her duty at two places?
Regards
Dear
Your mother can make application to higher authorities for giving appointment at one location closer to her home so than she can take care of her husband who is suffering from stroke.
Attach medical reports of father with application.
Dear Sir,
You may file a petition before Service Tribunal or High Court and get remedy as proposed by you.
Your mother can give a representation in this regard in written to the competent authority and seek his intervention especially to enable her to look after your ailing father.
The competent authority may consider her request if not she can take legal steps in this regard.
There is no such thing called as that an employee can be deployed in two different places simultaneously, however it depends on service exigency to deploy an employee at two different places