• Transfer policy of female employee in public sector bank

Sir,
I am a Haryan state govt employee, working with power generation department,haryana(non Transferable) & posted at Barwala,near Hisar,Haryana.
my wife is scale-1 officer with allahabad bank & was posted at hisar.
she was transferred to binjalpur (ambala) on dated 12/10/2015 (260 Kms from current place of posting) without considering the couple case in transfer.
since the ministry of finanace have asked banks to frame a transfer policy for female employees in bank vide FNo: 4/9/1/2014-IR dated Aug 8,2014 for minimising the hardship & feeling of insecurity to female employes, even then bank is not considering the same. 
we have a baby of 1.8 years old & it is not possible for my wife to join at binjalpur,considering the transfer orders.
since 14/10/2015, we are requesting bank to cancel/postpone/change of station so that she may return home after the duty from bank but no response has been received till date.even reminder has been sent on dated 26/10/2015 but no response.

the letter of finance ministry is under:

F.No.4/9/1/2014-IR
Government of India
Ministry of Finance
Department of Financial Services
Jeevan Deep, IIIrd Floor,
Parliament Street, New Delhi
Dated the August 8, 2014
To
Chairman, SBI/CMDs of all Public Sector Banks including IDBI
and SBI Associates
Subject: Transfer of female employees in Public Sector Banks-
minimizing their hardship.
Sir,
It has been brought to the notice of this Department that female employees of Public Sector Banks (PSBs), married or unmarried, when placed/transferred away from their husbands or parents, as the case may be, to distant locations face a genuine hardship and develop a feeling of insecurity. Keeping this in view, it has been decided:
i. To accommodate as far as possible placement/transfer of married female employee, on her request, at a place where her husband is stationed or as near as possible to that place or vice versa; and
ii. To accommodate as far as possible placement/transfer of unmarried female employee, on her request, at a place where her parents, are stationed or as near as possible to that place.
2. PSBs are, therefore, advised to frame a policy on the subject with the approval of their Board suitably incorporating the above and take immediate action for implementation and compliance. Pending requests may also be considered under these guidelines. A line of confirmation may be sent to this Department immediately after adoption of the policy by the Board of the Bank.
3. This issues with the approval of Secretary (Financial Services).
Yours faithfully,
Sd/-
(Manish Kumar)
Under Secretary to the Government of India
************************************************,
Yours comradely,
(HARVINDER SINGH)
GENERAL SECRETARY

can we challenge the above matter in court?
Asked 8 years ago in Labour

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1 Answer

Hi

Yes you can challenge this transfer in court.

I Suppose in your first letter and then in the reminder , you have mentioned about the Aug 8,2014, instruction s of Finance ministry.

As per the circular "PSBs are therefore advised to frame a policy on the subject with the approval of their board suitably incorporating the above and take immediate action for implementation and compliance. Pending requests may be considered under these guidelines,"

You should wait one more week maximum and if no response, move to High court with a writ challenging the transfer order, and question the rules if they framed as per the directions of Finance ministry

Having a child under 2 years and spouse is in another destination in a government service is a good reason to request for a place which is more convenient to your wife.

Not only based the rules for the female employees but also on the humanitarian ground that your child is small .

Thresiamma G. Mathew
Advocate, Mumbai
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