Transfer on the ground of spouse service
Shubham
(Querist) 22 October 2016
This query is : Resolved
Dear Sir!
I SHubham Jaiswal has been working in punjab and sind bank as an officer from last four years. i am posted in uttrankhand and my wife is posted as head master in uttar pradesh govt. primary school at distt deoria uttar pradesh approx 800 kms from my posting.her serice is not transferable in uttrakhand. i have requested so many times for my transfer nearby my wife posting but the bank has not so far accepted my request . what should i do? may i fill writ petition against the bank in the court as bank of india vs jagjeet singh mehta on 22.november 1991. link: https://indiankanoon.org/doc/337662/
Kumar Doab
(Expert) 22 October 2016
The Transfer rules should be available on your bank's website for employees.
Submit request under proper acknowledgment and build irrefutable written record.
Remain gentle and amiable.
The bank's union officials can also help you.
Kumar Doab
(Expert) 22 October 2016
The Transfer rules should be available on your bank's website for employees.
Submit request under proper acknowledgment and build irrefutable written record.
Remain gentle and amiable.
The bank's union officials can also help you.
Rajendra K Goyal
(Expert) 22 October 2016
A Bank officer has no right / choice to be transferred at place of choice / place of posting of spouse. If Management want / due to service exigencies transfer can be ordered.
Either can send humble request again, can take up with Officers Association.
Such steps may effect adversely in your career progress.
Sudhir Kumar, Advocate
(Expert) 23 October 2016
You do not have any right fit enough for writ petition.
only persuasion or request can help you.
Sudhir Kumar, Advocate
(Expert) 23 October 2016
even the case quoted by you doe s not cast any compulsion on the bank to make such transfer and the appeal of the Bank was allowed.
Dr J C Vashista
(Expert) 23 October 2016
The bank may consider your case on humanitarian ground, which you cannot seek through legal process, as advised by experts, I fully agree.
Kumar Doab
(Expert) 23 October 2016
MoF had issued some circulars that touched upon the essence of the matter.
Thereafter banks framed/amended/updated the policies.
Husband and wife and their children should preferably stay together.
The judgment cited by you in certainly a good judgment.
Some employees do not run after promotions or in other words career.
Some are driven by orientations towards career.
Employee should apply his/her skills,rapport,goodwill, resources and resolve your matter in your favor without litigation.
If litigation is the only and last recourse, then employee should build irrefutable written record so as to defend your long term interest.
Shubham
(Querist) 23 October 2016
thanks to all of you sir for your kind suggestion!
Rajendra K Goyal
(Expert) 23 October 2016
Even after MOf circular, if any, the Bank transfer in the name of exigencies of service, being part of Management, you have limited scope of relief legally.
Kumar Doab
(Expert) 23 October 2016
While going thru some publications it is found that::: The banks/bankers have agreed that:
"At present the hiring is largely on merit and the domicile of those qualifying in the competitive exams do not often match that of the regions where the vacancies are."
"P.S. : PS Banks needs to have similar guidelines when both the partners are working in PS Banks, or one is in Central Government and the other one is in PS Bank. "
"The ministry has said that as per representations received by them, when female employees (married or unmarried) are transferred/placed away from their family, they face genuine hardship.
Keeping this in view, the ministry has asked all public sector banks to accommodate their placement/transfer requests as far as possible. "
(Thus some policy for female employees is framed. While in your case transfer of male employee is sought since wife is in other state govt.employment )
This implies that some brainstorming is going on and IBA may be involved.This is the time to include male employees at all levels also in cases of genuine hardships.
Involve your bank employee's unions and let them include it charter.
Kumar Doab
(Expert) 23 October 2016
Employee should apply his/her skills,rapport,goodwill, resources and resolve your matter in your favor without litigation.
If litigation is the only and last recourse, then employee should build irrefutable written record so as to defend your long term interest.
Look into some other decisions as well;
Karnataka High Court
A.S. Pattabhiraman vs State Bank Of India
https://indiankanoon.org/doc/1292183/
20. No doubt, an order of transfer is always a painful one to an employee. Regarding other grounds to cancel order of transfer, viz., petitioner's wife is serving in Bangalore, as such not proper to separate them; further his children are studying in Bangalore and the transfer in the middle of the year will affect their education. Answer regarding the first difficulty pleaded, Sri Datar agreed that if petitioner's wife wants a transfer to Hyderabad and if a representation is given by Smt. Sathyavathi her case will be considered. Regarding the second difficulty that if the transfer is made in the middle of the year, the same will affect the education of the children, it was suggested whether the petitioner is prepared to give an undertaking that he is ready to obey the transfer order if he is retained in Bangalore till the end of April-May, 1994. Counsel for the petitioner, for the reasons best known to him, replied that his client is not prepared to file such an undertaking. From this it is clear that the petitioner wants to fight his case more on prestige. Inspite of this uncompromising attitude on the part of the petitioner, since it is said that his children are studying in different Schools and Colleges and his transfer in the middle of the year will affect their education, it is made clear that even now instead of contending that the transfer of the petitioner is arbitrary, discriminatory, illegal and the resultant of malafide, it is proper and wise for the petitioner to make a representation to the authorities concerned for his retention in Bangalore till end of May, 1994 and if such a request is given within 10 days from the date of this order, the competent authority shall consider the same favourably.
Kumar Doab
(Expert) 23 October 2016
Employee should apply his/her skills,rapport,goodwill, resources and resolve your matter in your favor without litigation.
If litigation is the only and last recourse, then employee should build irrefutable written record so as to defend your long term interest.
Madhya Pradesh High Court
Madanmohan Chouhan vs Allahabad Bank on 27 March, 2012
https://indiankanoon.org/doc/69289137/
In view whereof no interference could be caused as the transfer is in administrative exigency. It is also urged that the petitioner is being discriminated as number of other employees/officer placed similarly as the petitioner have been retained. The competent authority as apparent W.P. No.2562.12 from the impugned order has dispelled the contention by rationally comparing the case of the petitioner with employees and officers with whom the petitioner claims parity. These reasons coupled with the fact that petitioner's stint in the Jabalpur Zone is since 2005 in officers' cadre, justify his rotational transfer as would warrant any interference.
Kumar Doab
(Expert) 23 October 2016
Some other threads that you may pursue;
http://www.allbankingsolutions.com/Central-government-employees/Posting-of-husband-and-wife-at-same-station-DOPT-order.shtml
http://timesofindia.indiatimes.com/city/mumbai/Government-asks-banks-to-favorably-respond-to-transfer-request-from-female-employees/articleshow/40343292.cms
http://www.business-standard.com/article/finance/place-female-employees-near-their-family-finance-ministry-tells-psbs-114081800431_1.html
http://getup4change.org/rti/wp-content/uploads/2012/01/Transfer-policy-for-officers.htm
Rajendra K Goyal
(Expert) 23 October 2016
From when are you working in Utrakhand?
If transferred, before it, where were you working?
Whether you were allotted this state / zone at the time of appointment or was transferred under policy?
Whether any charge sheet / disciplinary proceedings initiated against you?
In some Banks some parts of Utrakhand is considered remote and tough area and in internal transfer policy Bank posts officers in such areas in rotation and after completing the term they are given posting at place of choice.
Kumar Doab
(Expert) 23 October 2016
Confirm.
It might be hard,hilly,remote area.
Shubham
(Querist) 24 October 2016
No sir ! i am neither charge sheetd nor disciplinary action is taken against me.my initial place of posting is in uttrakhand.i have been working from august 2012 as officer jmg scale 1. and my posting is in district Haridwar .our bank transfer policy say: if one working spouse service is not transferable to nearby another spouse.then another service of spouse employee will be transferred.but the policy is not followed by management. because it is not right. i can request only.
Rajendra K Goyal
(Expert) 24 October 2016
Any claim from you in legal way may force the management to take a stand of exigencies of services / similar escape and would pass years in proceedings.
Your wife can try posting in Meerut District in UP which would be 1-2 hrs. away with excellent conveyance facility.
Kumar Doab
(Expert) 24 October 2016
You have posted that:
"our bank transfer policy say:if one working spouse service is not transferable to nearby another spouse.then another service of spouse employee will be transferred.but the policy is not followed by management.'
Cite this clause, follow up and persist.
Remain gentle and amiable.
Guest
(Expert) 24 October 2016
Any concession cannot be claimed as a right through legal suits.
Kumar Doab
(Expert) 24 October 2016
Cite this clause, follow up and persist.
Remain gentle and amiable.
Study rules carefully.
In case of request transfer the employer/superiors may attempt to block promotions.
There are decisions by court of law involving banks like PNB that under the reasons claimed by Bank promotion can not be denied.
Remain careful and vigilant.
Rajendra K Goyal
(Expert) 24 October 2016
Excellent conclusion by the expert P.S. Dhingra ji, "any concession cannot be claimed as a right through legal suits."
Guest
(Expert) 24 October 2016
Rajendra ji,
Thanks for appreciation.
Rajendra K Goyal
(Expert) 24 October 2016
Expert P.S. Dhingra ji,
You are welcome.
Your advice was Gagar Mein sagar.
