• Regarding stay on transfer

I am working in Haryana Forest Department as a Forest Guard in Kurukshetra District and my wife is working in Health Department Haryana as a Staff Nurse in Karnal District . Both Districts boundaries in touch and we both are having close stations The Government is making an Online Transfer this year in Forest Department and there are chances of my transfer in any District of Haryana far away from Station where my wife is working because there is no Criteria regarding Couple Case in this Online Transfer Policy . The transfer will be made by April 15,2020 . I want to file a petition in Honorable High Court,Haryana so as to make my transfer at a station close to where my wife is working or to take stay on the online transfer orders .. Help me through this with your guideance with reference with laws based on Couple Case Transfers
Asked 6 years ago in Civil Law

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16 Answers

Guidelines have been issued by the DoPT on 'posting of husband and wife at the same station'. It provides for mandatory posting of spouse at the same station if they are in the Central services or working in same Department and if posts are available. It facilitates spouses to be posted at the same station when one spouse belongs to All India Services and the other spouse belongs to Public Sector Undertaking. It also facilitates posting of spouses at the same station or in the same State if one spouse employed under the Central Government and the other spouse is employed under the State Government. The introductory portion of Annexure A/8 OM dt. 30.09.2009 issued by the DoPT throws some light on the raison d'etre and evolution of the policy decision taken by the Government of India in posting husband and wife at the same station. It reads:

'In view of the utmost importance attached to the enhancement of women's status in all walks of life and to enable them to lead a normal family life as also to ensure the education and welfare of the children, guidelines were issued by DOPT&T in O.M.No.28034/7/86-Estt.(A) dated 3.4.86 and No. 28034/2/97-Estt.(A) dated 12.6.97 for posting of husband and wife who are in Government service, at the same station. Department had on 23.8.2004 issued instructions to all Mins./Deptts. to follow the above guidelines in letter and spirit.

2. In the context of the need to make concerted efforts to increase representation of women in Central Government jobs, these guidelines have been reviewed to see whether the instructions could be made mandatory. It has been decided that when both spouses are in same Central Service or working in same Deptt. and if posts are available, they may mandatorily be posted at the same station. It is also necessary to make the provisions at Para 3(iv) and (vi) of the O.M.

dated 3.4.86 stronger as it is not always necessary that the service to which the spouse with longer service belongs has adequate number of posts and posting to the nearest station by either of the Department may become necessary.

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

If you are a central Government employee then the application will have to be filed in the central administrative Tribunal and if you are a state government employee, then a writ will be filed in the concerned High Court. The reason for seeking a stay against the transfer has to be genuine and reasonable.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. you can challenge the policy by way of filing a writ petition in the Hon'ble High Court of Punjab & Haryana,

 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

If the spousal posting law of your state permit you to be posted to the place of your wife's place of posting you first make a representation in writing to the competent authority and try to get it, if not you can ask your wife to apply for transfer to the place of your posting which may be considered. 

The proposed legal action may be used as last option after exhausting all the remedies available before you. 

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

http://pashudhanharyana.gov.in/sites/default/files/documents/Transfe-%20Policy-of-Class-III-and-Class-IV-employees.PDF

state govt of Haryana has issued OM dated 6 th October 2004 that husband and wife should where possible be posted at same station or nearby stations 

Ajay Sethi
Advocate, Mumbai
99963 Answers
8158 Consultations

as per the Haryana Government gazette,

 

Posting with an employee spouse (including Central Govt. Employee): as far as practicable, request for
transfer to join an employee spouse, either at the same station or at the nearby station will be considered. In
the event of a tie among the same category of employee spouses, lady employees will be given preference
over a male employee.

 

 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

When husband and wife are both in Haryana Government service, they may generally be posted at same or nearby stations as far as possible.

 

Transfer orders are often initiated at the behest of superior officers. The only way of putting a stay on your transfer order is to file a writ petition under Article 226 of the Constitution before the High Court challenging the transfer as vicious and with ulterior motives.

 

Yes this can be challenge before the high court and get interim order of stay . All you have to do is file a petition in form of writ and seek for interim order or stay from getting transferred without reasonable cause .

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Unless and until transfer is proved to have been ordered as punishment, no transfer can be challenged in court with success.

2. Now transfer can nevertheless be challenge if there is violation of terms of Policy if there is a specific transfer Policy of that department.

3. So in your case if a person can never be removed away from the station where his wife is posted, then only you can challenge your transfer. Otherwise going to court on this account would be a futile exercise. 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

You can file a writ petition under Article 226 of the Constitution before the hon'ble high court.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

Well the transfer policy takes care of couples who work in the same state in government jobs. In this case if the transfer policy is silent or does not say anything about it, it must be challenged on these grounds.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The departmental rules would come in handy. It is not possible that the departmental rules are silent on this issue. Engage a lawyer who can go through the specific rules pertaining to your department.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can try the same before HC but it's difficult

Prashant Nayak
Advocate, Mumbai
34651 Answers
249 Consultations

You can file writ in high court with regard to the above transfer and request to post near posting of your spouse.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

As per law every effort should be made to post the working couple in same station  if vacancy is there or the nearest place possible to the station  where other spouse is working. 

Based on this principle you can seek stay on or modification in the order. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

No interference of court. Request to your HOD for releif.

And till transfer not actually ordered, court involvement pre mature.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You should file a writ petition in High court to consider couple case in the transfer policy in Case where both spouse are working in Different deparment of Haryana govt.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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