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Transfer and reliving

(Querist) 24 March 2017 This query is : Resolved 
Date 24.3.17

I am working in PSU under ministry of railway. I got my transfer order from corporate office on 2 Nov 2016 but my regional HR head not reliving me yet.
This is my second transfer order from corporate office. First order is also not executed. I am suffering from lot of family problem my father (65y)is suffering from heart problem / mother(62y) suffering from arthritis and my is alone to take care of them. She has seven months pregnancy. And I am only son.
In Jan I submitted my reliving request to my CGM but after 6 months I not get any single information. I tried to meet him 2 times but he not meet me
I am posted approx 3000km far from my home town.I completed my 4 years of service in this organization
Plese suggest me
--Regards
Ms.Usha Kapoor (Expert) 25 March 2017
You contsact higher lever or top brass and discuss your problem with them. If your employee union is there take their help.If nothing works file a case in civil court or labour court.as you are being victimized by your Management and put to unfair labor practice, highhanded behavior ansd harassment. which clearly smacks of bias.Contact AGOOD LABOUR LAWYER. OR GOOD SERVICE LAWYER.
Guest (Expert) 25 March 2017
I am doubtful about the reality of the problem that you discussed.

A question arises, how the transfer and relieving is concerned with the corporate law, as you classified your problem under that topic?
Guest (Expert) 25 March 2017
However, if there is any truth in your problem, the HR Head of your corporate office seems to be unfit to hold that post, if he is unable to get his orders carried out by the regional head. Otherwise, the regional head would have been booked for his misconduct of insubordination.

You should meet the HR Head or the CMD of the corporate office to apprise them of the fragile situation of maladministration prevalent in the organization.

Filing court case is not recommended, as your transfer order can be cancelled any time by the authorities.
Rajendra K Goyal (Expert) 25 March 2017
Why HR is having such attitude?

Personal requests may fetch result.

Any legal step would worsen the situation.
Devang kumar (Querist) 25 March 2017
Sir
I am already send request letter to my CMD and GM(HRD) along with my wife medical report. And my regional head very well known to my problem.
Sorry to discuss this under corporate law.I have to discuss it within transfer and posting but I am so confused// sorry once again
---Regards
Devangkumar920@gmail.com
Kumar Doab (Expert) 25 March 2017
Subsequent to written requests, seek appointment and meet CMD and GM(HRD) and request in person.
Dr J C Vashista (Expert) 26 March 2017
Agree with experts, seek an appointment (on written request) with CMD/GM HR with an application to be submitted through proper channel for transfer.

If you are not accommodated, file an OA in CAT (if the PSU falls in their jurisdiction).
Devang kumar (Querist) 26 March 2017
Sir
Please help m
Is Container Corporation of India limited ( PSU under Ministry of Railway)/ A navratn company/ came under jurisdiction of CAT
If so then where I file AO either in Delhi or at my home town
Guest (Expert) 26 March 2017
Container Corporation of India limited does not fall within the jurisdiction of CAT.
ramesh (Expert) 26 March 2017
Your personal visit to Head office and request for relief to join new place of posting, duly filling any lacuna in your preset place of work will work better than legal remedy.
ramesh (Expert) 26 March 2017
Your personal visit to Head office and request for relief to join new place of posting, duly filling any lacuna in your preset place of work will work better than legal remedy.
Kumar Doab (Expert) 26 March 2017
Try to resolve in your favor by representing in person.


Kumar Doab (Expert) 26 March 2017
Try to resolve in your favor by representing in person.


Kumar Doab (Expert) 27 March 2017
Mr. Devang Kumar,



Employee should stay away from litigation as much as possible, in all situations, including yours.


It is not clear in your case: why you bosses are hellbent to the extent of defying the HO orders.


It is also not clear why are you not inclined to seek appointment and meet in person and get your purpose fulfilled.

Your aim is getting transferred.
Try to achieve it without litigation.
Your defiant bosses (as per you) must have kept some remedy (for them) up their sleeves. They are under NO obligation (in its own sense) to share it with you. What is their defense is not known to you or shared by you in your posts.

Bosses take such stands: if the employee is indispensable or in situations that are otherwise.


A lawyer would be happy to get a case and FEE.


Your bosses might also be happy to dump you in courts.


What is suggested to you in previous post: is to slip away by getting relieved from Regional Head that as per you; Knows your Family situations.



Rest is upto you.
Devang kumar (Querist) 27 March 2017
Respected sir
I meet my regional head(HR)according to him I have to wait but what time period they are not desclosing. My transfer order dated 1-12-2016 issued by Corporate office Delhi and regional office has to execute that order.
But Corporate office not sending any replacement staff. And regional office not ready to relive without reliver. This is ego fight b/w Corporate office and regional office. Sir I want to know legally what is the validity period of an office order
Devang kumar (Querist) 27 March 2017
Respected sir
I meet my regional head(HR)according to him I have to wait but what time period they are not desclosing. My transfer order dated 1-12-2016 issued by Corporate office Delhi and regional office has to execute that order.
But Corporate office not sending any replacement staff. And regional office not ready to relive without reliver. This is ego fight b/w Corporate office and regional office. Sir I want to know legally what is the validity period of an office order


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