• Transfer from one place to very hard station

Employee in autonomous body of C.Gov., MHRD. Emplr is making ann. Tfr. based on guidelines. Request appln. asked fm the employees. Publishing tfr counts (TCs) & displacement counts (DCs) on website.
D1 DCs called 10 pt or more with 5 yr of stay & D2 DCs called 10 or more with 10 or more yr of stay.
List of Hard (H)/Very Hard station (VH). Emplye completed 3 & 2yr at H/VH getting chance to tfr. at their choice place. Employee of age up to 40yr shall be tfrd at VH/H.
Employee posted at H hv filled 5 choice stn. A B C D & E in his tfr request. Employee posted at A & B having less DCs, C - 10 DCs & fall in D1, D - 14 DCs fall in D2 and E 30 DCs fall in D2 with stay of 15 yr.
am at D, F, 47 yr, completed 3 yr at H Stn. again tfrd to VH stn. Rep. subtd. for cancellation on:
Completion o 3yr at H Stn.
Person displaced me has asked for choice E 5th place. Person E hv 30 DCs then me with 14 DCs.
P 8 of guidelines - employee who hv not completed 1 tenure at H/VH stn. can be tfrd whose age is below 40yr as on 30.6.19. 
“8. Employees below 40 yr of age (30 Jun) who hv not completed 1 tenure at H/VH /NE stns. In continuous span in service & not presently posted to such stns & hv completed 1yr stay at present stn. in the present post, in their decreasing order of DCs can be posted in H stn. Choice stns, if any, for posting in H station may be indicated in regular annual tfr appln.. Employees may opt for a posting at H stn. Employer shall post them to such location in a transparent manner as per prescribed calendar of activities. Such tfr though on req shall be treated administrative in nature in accordance with clause 5 (b) above”.
1.The person at C having displaceable points D-1 as 10.
2.In case of tfr is made based on the priority stn, in such situation person at C should be displaced first.
3.In case tfr is based on more DCs then person at E having 30 DCs should be displaced instead of me.
Relived fm present place, in absentia & person posted has joined. No reply received in 8 days, QA filed at CAT. CAT gave direction to decide repn. in 30 days, till then no coercive action for non-joining at new place.
Next day of order of CAT received order rejecting repn.by common order of 50 employees. CAT order might be received by them.
Filed repn. to modify tfr & tfr me at “No taker” vacancy. Reply awaited.
Not intd to go at VH stn, it is 998 km far fm home town. No direct route & naxalide area.
On medical leave.
clarify:
Will original order can be cancelled vide which tfrd to VH. What will be possibility of getting order in favour.
Rejn order not speaking & mechanically passed, Not considered points of repn, will it be challenged & what relief I may get fm CAT.
How much time will take by CAT to decide. Till decision will I may get leave salary & leave will not be deducted if get relief.
challenge order after joining VH stn, if yes how & what relief I may get.
2nd repn. modified tfr then also can I challenge. What overall recmdn in the ma
Asked 6 years ago in Labour

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4 Answers

CAT may take some time. If original order is not reasoned it may be modified. Yes you can challenge it even after second respondent modified transfer. 

Prashant Nayak
Advocate, Mumbai
34709 Answers
250 Consultations

On an average, the time taken by the Central Administrative Tribunal is approximately 1-2 years. 

You can approach the High Court through a Writ of Certiorari. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

Non joining shall be consider indiscipline and transfer police if prerogative of employer and courts are reluctant to interfere until trasfer not infected by arbitrariness and vindictive or in violation of trasfer policy.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

It is always advisable to comply with the order of your employer particularly in transfer case because you do not know what will be outcome of court order.

Challenge the order after joining under protest if possible and not cause any harm to your service career.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

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