• Transfer on promotion to Chennai from Visakhapatnam

I got promotion and was transferred to chennai from Visakhapatnam in april2016. My wife is working in Andhra Pradesh state government, and my son is pursuing 11th STD in state board. Also I have parents who are 70+ and need my care and attention. Mentioning all details I submitted my representation for posting at Visakhapatnam, before issue of the posting order. Even then, they posted me in chennai only, and I joined thinking that they will consider my request in few days. I have submitted my request two more times, but no response. Please guide me accordingly, so that I can be posted to visakhapatnam
Asked 2 months ago in Civil Law from Visakhapatnam, Andhra Pradesh
Subject:
F.NO.28034/9/2009-Estt.(A) Government of India
Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training)
North Block, New Delhi, Dated the 30th September, 2009.
Posting of husband and wife at the same station. *******
In view of the utmost importance attached to the enhancement of women's status in all walks of life and to enable them to lead a normal family life as also to ensure the education and welfare of the ·children, guidelines were issued by DOP&T in O.M No. 28034/7/86-Estt.(A) dated 3.4.86 and No.28034/2/97-Estt.(A) dated 12.6.97 for posting of husband and wife who are in Government service, at the same station. Department had on 23.8.2004 issued instructions to all Mins.lDeptts. to follow the above guidelines inletterandspirit.
2. In the context of the need to make concerted efforts to increase representation of women in Central Government jobs, these guidelines have been reviewed to see whether the instructions could be made mandatory. It has been decided that when both spouses are in same Central Service or working in same Deptt. and if posts are available, they may mandatorily be posted at the same station. It is also necessary to make the provisions at Paras 3(iv) and (vi) of the a.M. dated 3.4.86 stronger as it is not always necessary that the service to which the spouse with longer service belongs has adequate number of posts and posting to the nearest station by either of the Department may become necessary.
3. On the basis of the 6th CPC Report, Govt. servants have already been allowed the facility of Child Care Leave which is admissible till the children attain 18 years of age. On similar lines, provisions of a.M. dated 12.6.97 have been amended.  
    The spouse may be transferred to the same cadre by providing for a cadre transfer of one spouse to the Cadre of the other spouse, on the request of the member of service subject to the member of service not being posted under this process to his/her home cadre. Postings within the Cadre will, of course, fall within the purview of the State Govt.
(ii) Where one spouse belongs to one of the All India Services and the other spouse belongs' to one of the Central Services:-
The cadre controlling authority of the Central Service may post the officer to the station or if there is no post in that station, to the State where the other spouse belonging to the All India service is posted.
(iii) Where the spouses belong to the same Central Service:
The Cadre controlling authority may post the spouses to the same station.
(iv) Where the spouse belongs to one Central Service and the other spouse belongs to another Central Service:-
The spouse with the longer service at a station may apply to his/her appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station to the nearest station where
the post exists. In case that authority, after consideration of the request, is not in a position to accede to the request, on the basis of non-availability of vacant post, the spouse
with lesser service may apply to the appropriate cadre authority accordingly, and that authority will consider such requests for posting the said officer to the station or if there is no post in that station to the nearest station

here one spouse belongs to a Central Service and the other spouse belongs to a PSU:-
The spouse employed under the PSU 'may apply to the competent authority and the said authority may post the officer to the station or if there is no post under the PSU in that station, to the station nearest to the station where the other spouse is posted. If, however, the request cannot be granted because the PSU has no post in the said station, then the spouse belonging to the Central Service may apply to the appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station, to the station nearest to the station where the spouse employed under PSU is posted.
Where one spouse is employed under the Central Govt. and the other spouse is employed under the state Govt.:-
The spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted.
"The husband & wife, if working in the same Department and if the required level of post is available, should invariably be posted together in order to enable them to lead a normal family life and look after the welfare of their children especially till the children attain 18 years of age. This will not apply on appointment under the central Staffing Scheme. Where only wife is a Govt. servant, the above concessions would be applicable to the Govt. servant.

Complaints are received that even if posts are available at 
the station of posting of the spouse, the administrative authorities do not accommodate the employees citing administrative reasons. In all such cases, the cadre controlling authority should strive to post the employee at the station of the spouse and in case of inability to do so, specific reasons, therefor, may be communicated to the employee.
6. Although, normal channels of representations/complaints redressal mechanism exist in the Min.lDeptts., added safeguards to prevent non- compliance may be provided by ensuring that the complaints against non- adherence to the instructions are be decided by the authorities at least one level above the authorities which took the original decision when they are below the level of secretary to the Govt. of India/Head
Ajay Sethi
Advocate, Mumbai
23240 Answers
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Transfer is a part and parcel of employment, which has to be accepted. The scope of interference by the courts in transfer orders is very narrow and confined to those cases where the transfer is actuated with malice or due to humanitarian considerations it needs to be set aside. Since you have sent a representation which has been rejected you may challenge the transfer now in the High Court. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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Hi
If you  are an employee of any central government  or any of autonomous institutions funded by central government  governed by Central Civil Service rules, then you can apply to Central Administrative tribunal and get the transfer rescinded on the grounds mentioned by you. 
Alternatively if your are an employee of any state government or any of its autonomous institutions you should apply to APAT (Andhra Pradesh Administrative tribunal) and get your transfer rescinded on the grounds mentioned by you.
Since the grounds stated by  you (living away from the family, need to take care of elders) are duties cast on you, Service rules warrant that such family duties are not affected by  transfers  and an employer is expected to consider offering you a posting at a place beneficial to both the employee and organisation without jeopardizing one another.
Hope this helps 
Rajgopalan Sripathi
Advocate, Hyderabad
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43 Consultations
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Are you working in a central government establishment or with a PSU or in a bank

You have not given any particulars of your employment while posting your question.

There is no possibility for spousal transfer for male employees in the central government establishment.

You revert with more details for getting more clarification or opinion and suggestions to handle the situation. 
T Kalaiselvan
Advocate, Vellore
14010 Answers
127 Consultations
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