I work in Punjab National Bank, (jhinkirhat branch)posted in remote area of south 24 pargana dist which is 65km away from my residence Birati.I have a 5 yr old daughter and I've to take care of her in every aspect as I am a single mother.Both of my parents were tested positive for Covid19.I am the only member who can take care of my aged parents as well as my minor daughter. Its impossible to travel 130 km everyday to attend office from my residence. My parents take care of my minor daughter when I am in service. My parents require medical attention in every 7 days as they are patients of hypertension and my mother is also suffering from hyperglycaemia. In this situation, I requested, pleaded to the management to post me a nearby branch but nothing changed. As per advisory issued in August 2014, by the Govt, regarding transfer policy of female employees working in public sector bank, Ministry of Finance advised PSBs to accommodate them at a place where her husband is stationed (married emp) or at a place where her parents are stationed (unmarried emp). Both of my matrimonial and paternal place is Birati. Being amalgamated with OBC and UBI, number of branches increased for PNB and there are so many branches around Birati they can post me according to the advisory issued by the Govt. I am a scale-1 officer and according to policy of PNB, branch manager should be scale 2 atleast but they are forcing to take me charge of manager through office order. Due to poor connectivity, I used to leave branch 8 PM & return home at 11-15pm.Circle office didn't permit to leave branch before END OF DAY & already issued letters to some officers for the same.My place of posting is genuine hardship for me and I feel insecure when I return home alone late night bcoz the place is not safe at all for a female emp.My service is also important for our survival.my question: 1.If they can force me to take charge of manager violating there own Policy circular 1/2021 dt 25.1.21? If so, shall I accept or refuse? 2.What should I do regarding transfer posting as they are not acting as per Govt advisory? 3.If management can force a lady officer to stay at branch upto 8pm or can issue letter?Any circular/advisory? 4.They transferred us on administrative ground on the basis of 6 yrs completion(we didn't get any written order abt 6 yrs completion)but it was 5yr 9month when I got transferred.What should I do?
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1) accept posting as manager
2) if they are not acting as per govt advisory file application before CAT to direct bank to post you at place near your parents residence
3) mention that you are single mother and have young daughter and dependent parents
4) lady officer should not be made to work till 8 pm in remote area
- As per the latest circular of Department of Financial Services, all the public sector banks have been advised to frame a women-specific transfer policy.
- Further, the new transfer policies aims at facilitating speedy transfers for female employees and enable them to stay with their families.
- Further, it is also directs that the PSU Banks should make necessary provisions as far as possible, to place/transfer married female employees at the same place or the place nearest to where her husband is stationed.
- Further, the PSU Banks should make necessary provisions as far as possible, to place/transfer single female/unmarried female employees at the same place or the place nearest to where her parents are stationed.
1. Hence, you can lodge your complaint against the said transfer/posting before the higher management.
2. You can lodge your compliant before the RBI and CAT as well.
3. No, you cannot be forced to work upto 8 pm.
4. As above
1. How to make complain to CAT? What's the procedure? If management bound to make the transfer in shorter distance or may give a posting far away as punishment? 2. Can i make complain to rbi? If there any policy or circular of rbi directing the psb? Procedure plz.. 3. If there's any circular that management can't force female employees to work beyond 6-30 or something like that? Kindly guide..
Engage a lawyer to file application before CAT
2) management is not bound to make transfer
3) you can complain to RBI but ultimately you would need to go to court for obtaining g necessary reliefs
Establish you bona fide by accepting charge as manager, work for some days and then file a writ in the High Court claiming that you did tried to adjust but couldn’t. Without making efforts you cannot claim that you cannot work on transferred post. Take all the grounds stated in the question regarding your safety concerns. Refer to advisory. CAT have no jurisdiction to grant you any relief, it is the High Court. cat is bound by rules High Court can grant you relief on the basis of justice. It is internal matter of bank rbi will not interfere. You will get relief from High Court.
1. If you are forced to take charge of the post of branch in charge, you may politely refuse stating that you cannot take charge until there's an order in writing to this effect.
2. You will not get any relief from RBI, you are governed by the regulations of your bank, hence you may have to exhaust the remedies from your own employer first and then approach court for relief if your employer do not entertain your grievances.
3. Your banking regulations, government's policies on the working hours and conditions of employment for female staff and your own employment offer letter would contain the desired details.
1. You cannot approach CST for this purpose.
CAT would address the grievances of central government employees alone.
You may have to approach high court directly with a writ petition.
2. No.
RBI cannot interfere in employee's industrial disputes.
3. The banking regulations, government policies on working conditions of women and your employment offer letter would elicit this issue.
1. If there is a violation of Transfer Policy then filing case before the Tribunal or the high court as the case may be is only option.
2. RBI governs the fiscal policy of banks. It has no control over Administrative function over them.
3. Needs to be seen.
If you share your Transfer Policy then further advice can be given.
1. It is an advisory and not an order for which the Bank will escape citing organisational requirement.
2. This is a common problem with lady Bank Officers (my wife faced it and finally refused promotion several times to avoid rural posting when she was alone in Kolkata posted in a semi rural branch).
3.Going to Court will not be a prudent decision on your part since it will take years to get your petition disposed of and will ruin you financially in the meantime.
4. You should take up the matter with your Officers' Association and also the Management very tactfully.
5. If you take up the matter legally, the Bank might argue that you should take up a rented accommodation at the place of your posting. It will also be argued that no place is unsafe in West Bengal as claimed by the State Government.
1. Central Government employees/officers can approach CAT.
2. Transfer is not recorded as a punishment in the service conduct rule but in reality, the Management uses it as a toll to punish the employees/officers they want to settle score with.
3. You follow your service conduct rule. RBI will not interfere in the matters of transfer/posting of Bank officers.
4. Even Male employees can not be forced to work beyond the specific officer hours as per law but it will be difficult for you to prove that you have been forced to stay beyond the office hours. They will allege that you do not complete your job with n the schedule hours.
5. Avoid legal proceedings and take up the matter through your Association s advised in my last post.
6. The Bank can also post you to a furher distant place citing organisational requirement.
Dear Sir/Ma'am,
