discrimination in transfer
Ravi
(Querist) 06 June 2016
This query is : Resolved
I am working in Indian Audit and Account Department (Central Government Department). My wife is working with State Government . Dopt provide for transfer in such cases where spouse works in State Government to same station. However as IAAD has banned unilateral transfer only deputation are given in such cases.And a office circular has been issued in our office that such deputation will be considered after confirmation. So my deputation was blocked on this ground. However 5 employees who were even in probation were given deputation in violation of rules. My question is whether i can sue officials for caste based discrimination , since I belong to SC community and my social background is likely to be reason while in similar situation 5 employee were deputed. I have already complained to office regarding this. What exactly is the procedure to file the case. I am aware that court will not interfere with administrative process i.e. transfers/deputation . My query is whether or not a water tight case of discrimination can be made out of this. Further since violations of rule take place there was likelihood of favoritism, can this be clubbed with case of discrimination.Please enlighten me regarding this issue.
Kumar Doab
(Expert) 06 June 2016
Try by citing the precedence of 5 other employees.
Ravi
(Querist) 06 June 2016
Actually I have already cited but as such it seems department is defiant.
Kumar Doab
(Expert) 07 June 2016
Cite the precedence of 5 other employees, under proper acknowledgment.
Escalate as per escalation matrix,under proper acknowledgment.
If you have already exhausted these options, go ahead and further.
Rajendra K Goyal
(Expert) 08 June 2016
If any such transfer orders issued against rules, department may revert, you may not be transferred if rules does not permit.
You can proceed.
Ravi
(Querist) 08 June 2016
Thank you all of you for replies. I have obtained RTI from my office regarding these deputation under probation and it clearly shows that there probation case was started with in 8 months of their joining and was completed in next 6 months. Probation period in this case is 2 years. I will proceed with commission as suggested and get information about escalation matrix as suggested.
@ Goyal Sir you are right regarding not getting transfer if rule doesn't permit I am aware of that I just want to fix accountability for discriminatory action.
T. Kalaiselvan, Advocate
(Expert) 10 June 2016
Your anxiety to proceed with the proposed discrimination case should not draw an adverse inference to your future career as you have to travel a good distance through this department in your career. Please make sure that you do not stake your employment prospectus if the proposed action should affect you.
