• Harassment by transfer

My name is Prabhat Kumar Verma and working with Allahabad Bank as officer since 2013 in Delhi. I have not taken promotion due to some family circumstances. Our transfer policy state that scale 1 officer will not be transferred outside of circle without promotion. But on 15 April I along with 4 emloyee of same scale have been transferred to Mumbai due to centralisation of forex business.
From Bank prospective I had joined the Mumbai but my fellow colleagues didn't joined. In july month fellow colleague who didn't join get their transfer order cancelled and reinstate at same location. I strongly objected for such kind of discrimination and requested to transfer me also but they refused my request. I am got disturbed and harrassed by the fact those who didn't join get their home posting and me who stand with the bank in its difficult time get neglected due to which i have become mentally disturbed. Kundly advise me as I want to get justice.
Regards
Prabhat Kumar Verma
Asked 4 years ago in Labour

11 answers received in 1 day.

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12 Answers

You can file a writ petition in high court against the said bank arbitrary policy

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Youcan take legal proceedings against bank for cancellation of your transfer outside circle 

 

2) rely upon your colleagues transfer orders being cancelled by bank 

 

3) it does appear you have been discriminated against 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Before posting have you signed or accepted the transfer letter, than make complaint to HOD and HR send email stating that as per bank's rules and norms scale I officer shouldn't be transferred outside the circle still you have got the transfer by providing FOREX reason and provide your friend example.

 

If situation is in your favor after this letter to HOD, than its ok otherwise from next time keep in cc RBI officer where bank employees can complaints.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Respected sir ...

If it is clearly mentioned that class one officer will not be transferred outside the circle and also you must have the cancellation order for the rest three sue the department on the basis of these two things ...that is enough you will soon be remand back to your privious station ...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Since you have been transferred in violation of the transfer policy of the bank coupled with the fact that your colleagues' transfer order has been cancelled you may file a writ petition in the High Court to quash and set aside your transfer order.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Transfer is the administrative policy of every organsiation and if the Transfer is made as per the existing Service Rules of the employer then it can not be challenged unless there is violation of it.

2. Another ground of challenge is if the transfer is made in lieu of punishment.

So consult your advocate with the service Rules of the Bank so further advice can be given.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

You have to file a writ petition in high court challenging the validity of the transfer order.

this will be the best course of action.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

You have sufficient ground to cancel your transfer orders if you had joint you have to approach high court and file a writ petition of mandamus nature citing reasons as per your service conditions and presidents which happens pqr other colleagues your transfer may be cancelled by the high court order and your services will be reinstated in Delhi

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If your transfer is/was against the transfer policy, you have a legal remedy at your disposal.

Seek parity from the other colleagues whose transfer order was later cancelled.

Pitch your case before the Bank by way of moving a detailed representation. If they fail to dispose off your representation, file a writ petition. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear parbhat

You can initiate legal proceedings against bank against this discrimination with you and tranfer out of circle withour promotion.

You can file writ petition in high court against bank for cancellation of transfer of collegue retention of your transfer orders. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

for that you have to provide copy of your appointment letter and terms and condition of your appointment. is your job transferable? if yes you cannot object to that but if not the stay can be challenged. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

First you exhaust the remedy available within the organisation by giving a representation in writing to this effect to the competent authority of the bank's organisation.

After not getting a favorable reply  or not being considered then you may plan to adopt legal action for relief and remedy.

You may discuss with a local advocate and file a writ petition seeking justice and also the relief of getting back to your native state on transfer citing the discriminating acts of the management and your grievances therein .

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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