Tranfers
Basavaraj
(Querist) 16 November 2013
This query is : Resolved
sir...i am mechanical engineer in pharma sector of 25yrs exposer in engineering and projects of medicine making companies.
till 2007, i was in pvt sector now last 6yrs in public sector co. of govt of india as Asst.gen.Manager.
Now all of sudden i am transferred to marketing department as Asst.Gen manager to sell medicine products of company for which i have no exposer at all and i am not qualified as medicine knowledge are with science/B-pharma graduates.
can any advice how i can deal with law pls.
Raj Kumar Makkad
(Expert) 16 November 2013
You should make written representation to the higher officials of your department and should apprise them the real facts and should demand to revoke their order even in the interest of the organization failing which go to CAT.
Dr J C Vashista
(Expert) 17 November 2013
Mr. Basvaraj,
As an engineer you have rich experience of setting up plants/machinary and other infrastructure for manufacturing medicines and marketing of medicine is a totally new field for you, howevr, the experience gained will not go waste, I assure you.
It is better to get orientation in marketing medicine and get on to the "new assignment". It is a totally new world of its own, you will really enjoy although initially you will find the job very tough but challanging, accept willingly.
malipeddi jaggarao
(Expert) 17 November 2013
In public sector it does happen. Take it an opportunity. Who will give you such opportunity when you are not qualified in the field (except public sector!). Utilize the opportunity and it will be useful some time in future.
Basavaraj
(Querist) 17 November 2013
Mr.rajkumar sir...
The public sector compay under chemical and fertilizer ministry and owned by president of india...does the case fall in loacal high court or CAT?
As per articale 21 of consritution i have right to life and live as engineer? And no one force me to unknown labour...marketing medicine may be a non performer and any erorr will have to answered by president.
Pls give ur valueable comments and advice.
Basavaraj
(Querist) 17 November 2013
Dear all..
kindly note the public sector company is 59% share of govt of India and 41% share of state govt..kindly advice the disputes are under CAT or high court pls.
Rajendra K Goyal
(Expert) 17 November 2013
It seems that the PSU is completing requirements / planning for your next promotion and for this, exposure in multiple discipline may be a requirement. Possibly during your next assignment after promotion you may be posted head of 2-3 sections.
You have a very rich experience you may again shift to private sector.
You may approach court but I doubt you would get any timely relief. You may adopt option of injunction on transfer orders.
Basavaraj
(Querist) 17 November 2013
MR.GOYAL..
PLS LET ME KNOW THE HIGH COURT OF CAT.
FIRST ATTEMPT WITH HIGH COURT IS DISPOSED OFF THE W.P...DIRECT PSU TO CONSIDER TO RE-INSTALL AS A ENGINEER ..WHERE AS PSU IS NOT CONSIDERED THE (MANDAMUS)DIRECTION OF HC
Anirudh
(Expert) 17 November 2013
Please visit the following link:
http://www.cgat.gov.in/department_wise.htm
The above link indicates as to what are the organizations (including PSUs) which come under the jurisdiction of CAT.
If your PSU does not find place in the list, then you have to approach the High Court.
Basavaraj
(Querist) 17 November 2013
Thanks mr.Anirudh...
The PSU is falls under pharma division of minister y of chemicals and fertilizers..
The ministry is listed in CAT..so company should come under CAT...?
Sudhir Kumar, Advocate
(Expert) 17 November 2013
PSU employees are not entitled for CAT you have to go to high court.
every PSU is under some ministry or the other that doe snot mean that it is covered under CAT jurisdiction.
Basavaraj
(Querist) 17 November 2013
Mr.sudhir kumar..
nice to note ur post...i have all ready attempted,may see my earlier posts...
confused...request other senior lawyers to come in.. pls...i have gone thro the CAT web site it is clear,even mr.Anirudh has sent link...?
T. Kalaiselvan, Advocate
(Expert) 19 November 2013
M. Basavraj, The administrative tribunals Act, 1985 is clear about what is to be done in your case. U/s 14(1)(iii), your case will fall within the category and the relief how to be sought is prescribed u/s 19 of the act, before that section 20 of the act says that all the available remedies to be exhausted before approaching the tribunal, I reproduce the contents of referred section underneath:
A Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances.
(2) For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances, -
(a) if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or
(b) where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired.
(3) For the purposes of sub-sections (1) and (2), any remedy available to an applicant by way of submission of a memorial to the President or to the Governor of a State or to any other functionary shall not be deemed to be one of the remedies which are available unless the applicant had elected to submit such memorial.
21. Limitation -
(1) A Tribunal shall not admit an application, -
(a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made;
(b) in a case where an appeal or representation such as is mentioned in clause (b) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months.
(2) Notwithstanding anything contained in sub-section (1), where –
(a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the matter to which such order relates ; and
(b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court,
the application shall be entertained by the Tribunal if it is made within the period referred to in clause (a), or , as the case may be, clause (b), of sub-section (1) or within a period of six months from the said date, whichever period expires later.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), an application may be admitted after the period of one year specified in clause (a) or clause (b) of sub-section (1) or, as the case may be, the period of six months specified in sub-section(2), if the applicant satisfies the Tribunal that he had sufficient cause for not making the application within such period.
Kindly go through the above contents and decide about further course of action.
Basavaraj
(Querist) 13 November 2016
Thanks..sir
I was struggling to get relivent documents from CPSU since Nov 2013, including CDA rules etc.
Recently by RTI I received in complete documents.
JoB DESCRIPTIONS
l. Field Work: Strictly as per the approved tour programme
2. Work Norms:
To ensure to meet 200 doctors once a month and,25 doctors twice a
Month. Also should meet minimum 100 chemists in a month. To give details of
The missed calls, if any, with justifications acceptable to the management.
- Doctors' call average to be achieved in a month: Minimum 10 per day
- Chemists' call average to be achieved in a month: Minimum 5 per day-
3. Appointment of stockists and regular visit to their premises to book primary
orders, placing such stockists' orders on Kolkatta branch office, realize
payments from stockists against our supplies, handing over of personal orders booked to our stockists, stock checking at stockists' shelves, collecting and
submitting to management stock and sales statements from all stockists every
month, submitting to management compiled secondary sales statement (based on.stock and sales statements of all stockists) every month and monitoring near
expiry products held by all stockists and liquidate such stocks before their expiry at
stockists' shelves.
4. Retail chemists' prescription audit and market survey about availability of our
products with all chemists in Guwahati city.
5. To make survey of customer satisfaction for new product introductions and
inform us newer promotional strategies adopted by our competitors.
6. To make survey of prospective parties for stockistship as and when required.
7.To achieve the product-wise and month-wise targets assigned from time to time.
8. To discharge all administratiye responsibilities in terms of submission of all.reports/returns/claims/replies/explanations etc, as per the prevailing.guidelines/deadlines stipulated in the individual communications.
9. Any other assignment given by his superiors now & then including location transfers.
My position is critical,since employee reporting & attendance is through emails,easly blocked & made employee on long absenteeism or self abandoned of service or absconding records.
Kindly let me know the possibility & any legal implications by employee on individual basis on HR,reporing officer,MD & company... before I commit error.
Basavaraj
(Querist) 13 November 2016
The sales promotion employee roles & responsibilities are with in ID act of 1947 irrespective of designation & salary,purely on nature of work?
Basavaraj
(Querist) 14 November 2016
The below information is reply given by CPSU MD against gravience of ministry...FYI
Shri Basavaraj S Ghale was appointed as Asst. General Manager in Engineering
Projects Department located at Factory in 2007.
He was fully in charge of Cephalosporin project of the company.
His performance in execution of the E & P Department works were not upto the mark and repeated instructions to him to improve working did not yield results.
In view of this and for administrative reasons, he was transferred to Stores Department. Even in Stores Department, he did not work satisfactorily and later company transferred him to Marketing Department and was posted to Guwahati by the Marketing Department and he was assigned the duties of marketing of company products at Guwahati.
Both the transfers were as per the terms and conditions of appointment.
It is not true to say that he was transferred for refusing to amendment of purchase order,Without proper reference, only making vague allegation is not correct.
challenged the transfer order of transferring him to Marketing Department before High Court of Karnataka which has been Disposed off with direction to.respondent No.4 i.e., General Manager - HRD directed KAPL to consider the dated 19.10.2013 expeditiously and in any event within 2 weeks from the date of receipt of copy of the order. Accordingly, his representation was examined and communication dated 8.11.2013 was sent.
However, Shri Basavaraj S Ghale again approached Hon'ble High Court of Karnataka by filing W.P. No.51956/2013,
Hon'ble High Court declined to interfere.
Thereafter, he challenged the same before bench of Hon'ble High Court of Karnataka by filing an appeal which has been dismissed by order dated 19.3.2016.
It is also not correct to say that while sanctioning medical leave more than 60 days GM-HRD could have revoked self termination clause. Requests for leaves on medical grounds are treated separate.
It is also not correct to say that he was forced to receive letter as Manager a demoted post.
His grade was AGM and he was continued in the same scale of pay and basic pay. The allowances applicable to nature of duty were paid to him.
As regards salary,March, 2014, the Income Tax has to be deduced on accrual basis and also pending decision on his work / leave salary was drawn but later the same was cancelled.
Since cheque was drawn, Income Tax was deducted and remitted to department and Form No.16 issued to him.He did not work in March, 2014 except for 2 days.
Since, he was absent for duty for long period, his absence was treated as voluntary abandonment of service and accordingly all his claims were settled by the company vide No.121681 dated 30.12.2015 which has been received by him and cheque has been encashed.
With this, his all accounts for the employment with company are settled.
This is for your information, please
-signed
CPSU _MD
Note For above comments by MD I have documentary proofs that wrong statement by head of CPSU institution..
Bellow is the roles & responsibility assigned by marking department however CPSU is mentioned AGM_markting in salary slips keep my basic as per AGM grade..but nature of work is of sales promotion employee
_____
Job Responsibilities
l. Field Work: Strictly as per the approved tour programme
2. Work Norms:
To ensure to meet 200 doctors once a month and,25 doctors twice a
Month. Also should meet minimum 100 chemists in a month. To give details of
The missed calls, if any, with justifications acceptable to the management.
- Doctors' call average to be achieved in a month: Minimum 10 per day
- Chemists' call average to be achieved in a month: Minimum 5 per day-
3. Appointment of stockists and regular visit to their premises to book primary
orders, placing such stockists' orders on Kolkatta branch office, realize
payments from stockists against our supplies, handing over of personal orders booked to our stockists, stock checking at stockists' shelves, collecting and
submitting to management stock and sales statements from all stockists every
month, submitting to management compiled secondary sales statement (based on.stock and sales statements of all stockists) every month and monitoring near
expiry products held by all stockists and liquidate such stocks before their expiry at
stockists' shelves.
4. Retail chemists' prescription audit and market survey about availability of our
products with all chemists in Guwahati city.
5. To make survey of customer satisfaction for new product introductions and
inform us newer promotional strategies adopted by our competitors.
6. To make survey of prospective parties for stockistship as and when required.
7.To achieve the product-wise and month-wise targets assigned from time to time.
8. To discharge all administratiye responsibilities in terms of submission of all.reports/returns/claims/replies/explanations etc, as per the prevailing.guidelines/deadlines stipulated in the individual communications.
9. Any other assignment given by his superiors now & then including location transfers.
