• Transfer

Sir I am govt employees presently working in the 
civilian defance officee in Chennai. I have completed five year in the govt service but not get transfer. I want Transfer because i am the only son of my parents. In my home no one is there to take care of them.
Asked 5 years ago in Labour

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20 Answers

Have you applied for transfer to your hometown on the grounds of compassionate grounds. 

If not,  you may first apply for transfer to your hometown on compassionate grounds venting out your reasons to convince the competent authority and wait for their reply. 

If the reply is not in your favor then you may plan for legal action through CAT.

 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

You have been advised to initiate steps in my previous post of this thread,  you may go through that and adopt the steps as suggested. 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Getting transfer at desires time or in place  is not the vested right of the employee. 

It depends on the service regulations of your organisation. 

So refer to your service rules to find out your rights on the issue. 

If there is infraction of your right then you can file case before the Administrative Tribunal or the high court as the case may be. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

An employee working on a transferable post cannot claim a right to be posted at a particular place. ... Transfer order does not affect any of his legal rights and Court cannot interfere with a transfer/posting, which is made in public interest or on administrative exigency.

2) The normal tenure for a post shall be 5 years. Tenure for a post identified as sensitive shall be 3 years or as per guidelines issued by CVC from time to time.


3) you can request fir transfer to your home town on account of ill health of your elderly parents 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Dear Client,

You may not get transfer legally as  right on the basis you have specified but you may move an application on the same base to your senior politely. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

You can seek transfer on humanitarian grounds only

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

Yoh should give a representation to the authorities to consider your transfer because of the ill health of your parents.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file an OA against the department for not taking any action upon your application or in case they reject your application.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Your medical ground that you cannot travel through temporary home to office daily over health issues. You want to opt for working from your home town to nearby office for regular work under the supervision of your parents who would look after you and you would take good care of your old parents conclusively without interference with work and responsibilities. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Promotion and transfer cannot be claimed as a matter of right. As you are in public service it is subject to the discretion of higher-up. 

 

G.Rajaganapathy

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

- 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. 

- However, if there is provision of completing 5 years of service, then this rule shall apply for all the employee but according to the administrative requirement. 

- Since, you have already completed 5 years service , then you can move an application before the competent authority. 

- 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
15819 Answers
242 Consultations

Apply for transfer as per the transfer policies of your department. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. You should send request application for your transfer to HR department.

2. Give representation to your senior officials that why do you need transfer.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

On 05.09.2005 Hon'ble Allahabad High Court gave a befitted reply to your query-

No Government servant or employee of public undertaking has legal right for being posted at any particular place. Transfer from one place to other is generally a condition of service and the employee has no choice in the matter.

But I suggest to move the authority with an application for transfer on the medical ground of your parents and if they don't entertain then file a writ for the relief.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Check the service rules & guide lines of your department based on which you apply for transfer from your current posting to your home town.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

One more option could be, check with your contemporary who is placed at your home towns' office and if he / she is ready for swapping you can avail that options also if it is permitted in guidelines of your department.  That is mutual transfer, he / she comes to chennai and you go and replace him / her at your home town.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear Sir/Madam,

You are suggested to submit an humble application for transfer to your home zone to your department and if the response is negative or delayed unduly, file the WRIT PETITION in the High Court. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can request transfer of a job from one place to another, one office to another office or one city in other cities etc. You should write appropriate cause with formal manner.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can only request  for transfer. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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