• Transfer

I am working in Geological survey of India posted at eastern region kolkata, for last 4 years 10 months, i have applied for transfer on own request but every time authority said i have not completed my minimum tenure ie 4 years, after completion of 4 year i again applied for transfer this time also i didnt get it, on the other hand my other six batch mates whose tenure is same as me got transfer to their respective choices,even whose tenure is less than me got transfer. when i asked to HRD they said this is the competent authority decision. what should I do
Asked 4 years ago in Labour

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

16 Answers

Transfer is the discretion of the higher authorities no doubt. But if you have crossed the only hurdle what the higher ups have stated then i think there should be no problem taking into account the other employees who have got what they wanted. This is discriminatory taking all these events into consideration.

File an OA in CAT.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Make representation to competent authority that other batch mates have been transferred after completion of 4 years to their respective choices only your application has not been considered 

 

2) if no reply received file application before CAT against discrimination meted out to you 

Ajay Sethi
Advocate, Mumbai
94901 Answers
7570 Consultations

5.0 on 5.0

- As per rule , a government employee has not having his right to take a transfer to the location as per his choice , but after completing 55 years of age allowed for transfer as per his choice..

- Further, an employer of government of India , is having right to transfer an employee as per the administrative requirements at any place. 

- Since, there is  provision of completing 4 years of service , then this rule shall apply for all the employee but according to the administrative requirement. 

- If , you think that no proper rule of 4 years is applied by the employer , then you can lodge your written complaint before the competent authority , and ask the reasons for the same. 

- If no suitable reasons are given to you by the competent authority , then you can file a complaint before the Central Administrative Tribunal. 

Mohammed Shahzad
Advocate, Delhi
13332 Answers
199 Consultations

5.0 on 5.0

Serve them with a legal notice. 

If it doesn't work than file the suit for specific performance against the employer 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Seeking transfer of place of work is not a right.

however you may give a representation in writing venting out your grievances and hardships due to which you are compelled to approach the competent authority seeking transfer of place of posting from this place to some other place of your choice.

If the authority reject your application for transfer then you may plan to resort to legal solutions by filing an OA before the CAT ion this regard.

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

You need to challenge it before CAT or MAT as per circumstances

Prashant Nayak
Advocate, Mumbai
32049 Answers
183 Consultations

4.1 on 5.0

The authority is not bound to accede to your request to transfer you if you have completed the mandatory 4 years tenure to be eligible to seek transfer.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Well no employee has any vested right of transfer at his choice. 

The policy of transfer is well embedded in every organisation as per its Rules and Regulations. 

Refer to those and ic you find there is infraction of it then you can explore your legal remedy in Administrative Tribunal or High Court as the case may be. 

Devajyoti Barman
Advocate, Kolkata
22859 Answers
492 Consultations

5.0 on 5.0

Hi,it is advisable to file WRIT petition in high court for seeking relief 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

No Government of India employee has any right to get transferred to the place of his preferred location. It is the choice of an employer (Government of India) to transfer an employee at any transferable place as per the administrative requirements

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

This is correct that transfer is prerogative of department.

But you can chalenge the refusal on the ground of arbitrary ness and unequal treatment between employees.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

By appending copies of your earlier applications make a representation to the Competent Authority for considering your transfer, also refer to your six batch mates who got transferred in your representation.

If your representation is not considered by the Authority, you may move CAT for the inaction of the Authority in not considering your application for transfer.

More particularly in the light of transfers were  considered, where tenure is less than that of your's.

The  Authority is not bound to consider all the applications / representations for transfer, but, if it is not considers your application, then you can proceed as stated above.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to find the said information through RTI. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

File a writ , as the decision of the authority is deliberate and illegal.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. Transfer is ordinarily the prerogative of the Management.

 

2. If you go to court, the Management will submit that your service at your present place is highly required and personal problem should not come against the Organisational necessities.

 

3. It will be prudent on your part to keep applying for the transfer pursuing with the Management.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

You should file writ petition before High court against your department for doing discrimination against you not transferring you at place of your choice.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer