Transfer issue
rajib malakar
(Querist) 04 July 2015
This query is : Resolved
I am a salese promotion employee in central govt.psu and my wife is a state govt. employee and having a chold of 6 years.in that case I am transferred out of state. is it not the malafite and victimised transfer as per govt.rules.please note also company does not provide any servicebook for the sales promotion employee. looking for your legal opinion. can a lodge a case in high court directly through my registered trade union?
Kumar Doab
(Expert) 04 July 2015
Hope you have government orders, which prescribed for staying of wife and husband in one place.
Hope there are some grounds to challenge.
You may show the service conditions, service rules and regulations, appointment letter, to an able labor Law Consultant/Service Matters Lawyer/Law Firm, before you proceed further.
The following may give some direction;
Joint Secretary to the Govt. of India
To
All Ministries/Departments of the Govt. of India.
(As per standard list with usual
number of spare copies).
No. 28034/2/97-Estt.(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
********
New Delhi the
12
th
June, 1997
OFFICE MEMORANDUM
Subject:
Posting of husband and wife at the same station.
The undersigned is directed to say that on the subject mentioned
above, Government had issued detailed guidelines vide O.M.NO.
28034/7/86-Estt. (A) dated 3.4.86.
The Fifth Central Pay Commission
has now recommended that not only the existing instructions regarding
the need to post husband and wife at the same station need to be
reiterated, it has also recommended that the scope of these instructions
should be widened to include the provision that where posts at the
appropriate level exist in the organisation at the same station, the
husband and wife may invariably be posted together in order to enable
them to lead a normal family life and look after the welfare of the
children, especially till the children are 10 years of age.
2.
The Government, after considering the matter, has decided to accept this
recommendation of the Fifth Central Pay Commission.
Accordingly, it is reiterated
that all Ministries/Departments should strictly adhere to the guidelines laid down i
n
O.M.NO. 28034/7/86-Estt.(A)
dated 3.4.86 while deciding on the requests for posting
of husband and wife at the same station and
should ensure that such posting is
invariably done, especially till their children are 10 years of age, if posts at the
appropriate level exist in the organisation at the same station and if no administra
tive
problems are expected to result as a consequence.
3.
It is further clarified that even in cases where only the wife is a government
servant, the concession
elaborated in para 2 of this O.M. would be admissible to the
No
http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/estbrr5...
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27-Oct-11 3:12 AM
government servant.
4.
These instructions would be applicable only to posts within the same
department and would not apply on appointment under the Central Staffing
Scheme.
5.
A copy of this Department’s O.M. No. 28034/7/86-Estt. (A)
dated 3.4.86 is
enclosed for ready reference and guidance.
6.
Hindi version of the OM is enclosed.
Sd/-
(HARINDER SINGH)
Joint Secretary to the Govt. of India
Tel.No. 301 1276
http://www.circular.gconnect.in/viewpdf?pdfpath=/download/transfer/posting-husband-wife-15-02-2011.pdf
Rajendra K Goyal
(Expert) 05 July 2015
Since you are a PSU employee which may not be covered with the Instructions for Central government employees.
If you go legally department would show administrative reasons / exigencies and case would be decided in years on merit. You may or may not get relief.
Your trade Union should reach an understanding with the Management in this regard or you can take your management in confidence and prey to reallocate you to original station after completing required stay at this place if any.
rajib malakar
(Querist) 05 July 2015
I confirm you that my company is a govt. of india enterprise and periodically signs MOU with the central govt. the company is under the purview of CHEMISTRY & FERTILIZATION Dept. of central govt.
please let me know may I go to high court directly though my registered trade union?
do not you think that my transfer is victimised?
rajib malakar
(Querist) 06 July 2015
please reply to my last query...
Guest
(Expert) 06 July 2015
Dear Rajib,
You seem to be in some grave misunderstanding if you think a PSU company does not provide any servicebook for the sales promotion employee. Service book is maintained for every employee in all PSUs. You are also probably under some misunderstanding about transfer.
Transfer is not considered as a punishment and cannot be treated as malafide or to victimise an employee, unless he has some specific proof of malafide of some superior authority against you or the transfer is made just to victimise with some specific ill-will against you by the transferring authority. If you can prove any such thing only then you can seek relief from the HC, otherwise your case can bounce back on you, rather you would also earn wrath of the management for years together, may be for the whole of your service for dragging them in to the court of law without any specific ground, if your case fails.
Moreover, there is no such specific rule that provides any right to an employee to always remain at the station of his liking or where his wife works. However, Government of India's instructions are there that the employee on request can be posted at the place or nearby the place of employment of his/her spouse, but with the condition of availability of a vacancy and that too if that is in the exigency of service. Moreover, if you have already spent six years at your place of work, your transfer cannot be treated as unjustified there being provision of station tenure of employees.
So, your case seems to be quite weak, if you go the HC for any relief.
rajib malakar
(Querist) 08 July 2015
in the contrary i would like to inform you that I returned back to my residence after joining at the transferred h.q, not staying there for six years as replied against.my last query.
moreover I have child of less than 10 years of age.this is also the recomendation by DOPT of india govt.for keeping husband and wife(in case both the spouce are govt. rmployee) in the same station. though it in not mandatory but govt requested all the psu/dept./ministry to follow the circular guidelines dated 12th june,1997 ehich I briefly mentioned.
in such situation please tell me is the case has any merit if I challenge my transfer in HC.
rajib malakar
(Querist) 09 July 2015
please reply at your earliest.
rajib malakar
(Querist) 11 July 2015
eagerly waiting for your valuable reply in the context I mentioned.
rajib malakar
(Querist) 12 July 2015
I am yet to receive your reply.
