• Sudden Transfer to Mumbai

Hello,
My friend's mother is working with a public sector company . She's 54 years old widow and her family is expecting a child as well. Suddenly she has been given a notice of transfer to Mumbai which state that she should join the said office in 3 days and if not she is told to give notice of 3 months and resign. She's been harrased in office by her boss may be because of casteism. Please help us in how we can tackle this. Need your suggestion urgently.
Asked 8 years ago in Labour

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7 Answers

1. Pregnancy in family is no reason to avoid transfer.

2. Transfer can be challenged only if it is found that the same is done as a measure of punishment.

3.However check whether the PSU has any Rule in favour of a lady who has a pregnancy in the family. I am sorry there may not be such Rule.

4.If she is indeed harassed then she make a written representation to higher authority on this issue of castism and then challenge the transfer in high court.

5. The harassment is valid reason to challenge the trasnfer. However beofre going to court do ask her to explore all possible means to settle this verbally with her higher authority.

Devajyoti Barman
Advocate, Kolkata
23105 Answers
505 Consultations

5.0 on 5.0

Transfer is a part and parcel of service which has to be accepted. A transfer of this nature can be successfully challenged in the court only on the ground that it was actuated with malice. So she can challenge it in the High Court on this ground which may quash it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You are at Liberty to move CAT to challenge transfer order on medical grounds

2) you should also assail short time granted of only 3 days for reporting to duty in mumbai

Ajay Sethi
Advocate, Mumbai
96084 Answers
7727 Consultations

5.0 on 5.0

Yes, non availability of proper medical facility for the existing disease is valid ground to avoid transfer.

Devajyoti Barman
Advocate, Kolkata
23105 Answers
505 Consultations

5.0 on 5.0

Yes it can be challenged on medical grounds for sure.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

A sudden transfer of working place to an aged woman especially being a widow without any sufficient cause shall be an act of violation of law and rules meant for this purpose.

A PSU cannot function at the whims of some people who may be dominating the entire show.

he can make a representation in writing to the top management and if there is nothing fruitful is arrived then she may take a legal recourse by first applying for stay of the operation of the said order and then to find a solution legally to this.

T Kalaiselvan
Advocate, Vellore
86285 Answers
2292 Consultations

5.0 on 5.0

Thank you alot for answering. Just one more thing. Can we challenge the transfer on medical grounds ?

Besides other grounds i.e., injustice and ill-treatment meted out to her and without following the principles of natural justice, sh can add the medical grounds also as a ground to defy the orders of the authorities for this sudden transfer.

T Kalaiselvan
Advocate, Vellore
86285 Answers
2292 Consultations

5.0 on 5.0

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