Transfers and postings

zubes (Querist) 30 August 2012 This query is : Resolved
Dear Esteemed Experts,I would be grateful if you could provide me with assistance in a grievance that i have.
My Husband is a Group A official in the Government of India,and I also work with the Government of India in Bangalore. A year ago my husband was transferred to Tamil Nadu even after he made a representation that his wife was working with the Central government.He made this representation in accordance with the Office memorandum 28034_9_2009-Estt.(A)(please find attached) which states that a couple serving in the Government of India should be posted in the same place.My office is not there in the area where my husband is transferred and hence i cannot seek the same.
Now after a year transfer orders came in which my husband was ignored again,even his colleague who has more service left and, whose wife is working in a PSU with a branch in the place of their transfer,was transferred back home.
I have a couple of questions.

1. Can i file a CAT Application as an aggrieved party in Bangalore or that should only be done by my Husband (that too in Tamil Nadu or can he do it in Bangalore - our place of permanent residence)?
2. Should i file it stating the Office memorandum 28034_9_2009-Estt.(A)or should i state the case of his colleague?

Help would be much appreciated. Thanking you all once again.

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Raj Kumar Makkad (Expert) 30 August 2012
Aggrieved person is your husband so only he can raise this issue before CAT either at Banglore or in Tamilnadu and he should also state the case of his colleague while raising this issue.

Guest (Expert) 30 August 2012
I agree with Shri Raj Kumar makkad.

Sudhir Kumar, Advocate (Expert) 30 August 2012
The case lies in the jurisdiction of CAT in Tamilnadu.

Generally the courts entertain transfer cases only if there is arbitrary and malafide otherwise there is no scope.

Chances are generally slim

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