I am working in a PSU Bank. My branch is situated in a very remote place and far away from my home. I have received my transfer order to a nicely located branch since more than 1 year. "With immediate effect" is mentioned in that order. But till date I have not been transferred. moreover, I have not been further communicated by the management regarding any tentative date or the likely delay. I am an ex serviceman, after serving 19 years in Indian Air Force, I joined bank to look after my old age parent, family and kid in a better way. Due to this dilemma, I am not able to settle myself even. I need to know, can i sue the bank management on this issue, so that i could go on transfer at the earliest and come out from this mental agony??
Asked in Labour from Kolkata, West Bengal
You should bring this to the attention of the higher ups in the bank so that you are posted to the place where you are transferred. If this does not produce the desired result then you can move the High Court for an appropriate binding order to the bank.
1) you have to make representation to the authorities that although you had been issue transfer order with immediate effect but till date you have not been relieved
2) also raise the issue with your bank Union
3) you can also file RTI application with PIO of your bank
4) 0. The transfer order may cause great hardship as an employee would be forced to have a second establishment at a far distant place, education of his children may be adversely affected, may not be able to manage his affairs and to look after his family. This aspect was also considered by the Apex Court in State of M.P. v. S.S. Kaurav, , wherein it has been held that it is not permissible for the Court to go into the relative hardship of the employee. It is for the administration to consider the facts of a given case and mitigate the real hardship in the interest of goof administration
File a writ Petition but the case may go either way.
1. I strongly suggest you against taking the Management to the Court since it may seriously back fire on you,
2. I know a similar case (with my wife) where in even after getting transfer order to her chosen branch, she was not released for 1 year after which her said transfer order was withdrawn and she was posted to a distant area,
3. You can not legally demand posting to your chosen place and the management may transfer you anywhere following their transfer policy which has big holes to harass you following law,
4. Pursuing with your Association/Union is the better option ion this case in addition to pursuing with the Authorities.