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Anukriti Jaiswal   23 August 2017

Advise regarding spouse ground transfer in bank

I am working with bank of india since oct'13 as a clerk. I was promoted to JMGS-1 effective from Feb'17 and was transferred to Ratnagiri zone from Lucknow zone. I was married on Feb 27, 2017 and my husband is also working with Bank of India as a clerk in Dehradun branch. I requested for spouse ground transfer to Dehradun but it wss rejected as promotee officers are not transferred before 2 years in same zone. I however applied for my reversion to clerical cadre and also for transfer to Dehradun at my husband's place. The Head office accepted my request and transferred me to Dehradun giving instructions to Dehradun ZO to decide my further place of posting. The HR dept alloted me Kotdwar branch which is 120 kms far from Dehradun and is not ready to reconsider it anyways even after my several requests. Nobody is ready to listen me even after i have used my spouse ground transfer and reversion putting my career at stake. I am still at a far place from my husband and its such a mental harassment for me since few momths. I want to file a petition on basis of GOI guidelines of keeping the spouses at same station if they are working in the same department. Please guide me.


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 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 August 2017

Mam, 

 

Can you please share the Guidelines you are relying upon .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

https://kapilchandnaadvocate.in/

Anukriti Jaiswal   29 August 2017

: (i) Where the spouses belong to the same All India Service or two of the All India Services, namely lAS, IPS and Indian Forest Service (Group �A�); The spouse may be transferred to the same cadre by providing for a cadre transfer of one spouse to the Cadre of the other spouse, on the request of the member of service subject to the member of service not being posted under this process to his/her home cadre. Postings within the Cadre will, of course, fall within the purview of the State Govt. (ii) Where one spouse belongs to one of the All India Services and the other spouse belongs� to one of the Central Services:- The cadre controlling authority of the Central Service may post the officer to the station or if there is no post in that station, to the State where the other spouse belonging to the All India service is posted. (iii) Where the spouses belong to the same Central Service: The Cadre controlling authority may post the spouses to the same station. (iv) Where the spouse belongs to one Central Service and the other spouse belongs to another Central Service:- The spouse with the longer service at a station may apply to his/her appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station to the nearest station where the post exists. In case that authority, after consideration of the request, is not in a position to accede to the request, on the basis of non-availability of vacant post, the spouse with lesser service may apply to the appropriate cadre authority accordingly, and that authority will consider such requests for posting the said officer to the station or if there is no post in that station to the nearest station where the post exists. (v) Where one spouse belongs to an All India Service and the other spouse belongs to a Public Sector Undertaking: The spouse employed under the Public Sector Undertaking may apply to the competent authority and said authority may post the said officer to the station, or if there is no post under the PSU in that station, to the State where the other spouse is posted. (vi) Where one spouse belongs to a Central Service and the other spouse belongs to a PSU:- The spouse employed under the PSU �may apply to the competent authority and the said authority may post the officer to the station or if there is no post under the PSU in that station, to the station nearest to the station where the other spouse is posted. If, however, the request cannot be granted because the PSU has no post in the said station, then the spouse belonging to the Central Service may apply to the appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station, to the station nearest to the station where the spouse employed under PSU is posted. (vii) Where one spouse is employed under the Central Govt. and the other spouse is employed under the state Govt.:- The spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted. (viii) �The husband & wife, if working in the same Department and if the required level of post is available, should invariably be posted together in order to enable them to lead a normal family life and look after the welfare of their children especially till the children attain 18 years of age. This will not apply on appointment under the central Staffing Scheme. Where only wife is a Govt. servant, the above concessions would be applicable to the Govt. servant. 5. Complaints are sometimes received that even if posts are available in the station of posting of the spouse, the administrative authorities do not accommodate the employees citing administrative reasons. In all such cases, the cadre controlling authority should strive to post the employee at the station of the spouse and in case of inability to do so, specific reasons, therefor, may be communicated to the employee. 6. Although, normal channels of representations/complaints redressal mechanism exist in the Min. / Deptts., added safeguards to prevent noncompliance may be provided by ensuring that the complaints against nonadherence to the instructions are be decided by the authorities at least one level above the authorities which took the original decision when they are below the level of secretary to the Govt. of India/Head of the PSU concerned and all such representations are considered and disposed off in time bound manner.

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