Posting of government emploee at the same place for longer periods say more than 10 years
Querist :
Anonymous
(Querist) 07 August 2011
This query is : Resolved
Can the employer(particularly government) use transfer as a camouflage to keep away one of its employees from a particular workplace on the ground of public interest to his detriment in respect of future prospect.
Although the employer's right to decide when and where to post its employee for extracting maximum gains has been acknowledged by the courts, in exceptional cases, where the facts are so glaring that its conscience is shocked, then courts can interfere and operate the scanner of its judicial review.
Kindly quote citations if any.
R.Ramachandran
(Expert) 07 August 2011
Please come up with more facts. Which is the Government - State or Central.
Which Department.
What is the level of post - i.e. Rank etc.
Whether the post is transferable or not.
Whether other persons similarly placed have been transferred.
Whether you submitted any application for transfer. If so when? Whether anybody similarly placed were transferred from your place to the place where you desire your posting? There may be similar other queries. The point is you have to come out with complete facts to enable us to give at least a reasonable view instead of a view like YES or NO to your query.
If you yourself are so convinced that injustice is being meted out to you by the Government, then you can very well approach the court since you feel that if facts are revealed the "same are so glaring, and it would shock the conscience". If that happens, naturally courts will definitely come to your rescue.
M/s. Y-not legal services
(Expert) 07 August 2011
Yes. Your query need some thing more.. Please furnish the details asked by mr.ramachandran
Querist :
Anonymous
(Querist) 08 August 2011
Sir,
1. It is the State Government.
2. The post is of the level of gazetted officer and class-I.
3. It is only one post of that rank at the directorate (which is created at the Directorate Office)and no mention is made any where whether it is transferable or not. Hence it is presumed that the post is not transferable.
4. No such similarly placed persons as there is only post of that cadre.
5. No application is submitted for transfer.
R.Ramachandran
(Expert) 08 August 2011
Please indicate whether you are posted at Directorate Office or elsewhere?
Ajay Bansal
(Expert) 08 August 2011
If it is proved that an employee's transfer is in public-interest,then same can be done in such manner.
Querist :
Anonymous
(Querist) 08 August 2011
Not posted at Directorate Office and posted elsewhere.
The post is created at Directorate Office and no where in the rules it is mentioned that the post is transferable.
R.Ramachandran
(Expert) 08 August 2011
Now, I agree.
Having got a post sanctioned at Directorate office, keeping the officer concerned posted outside the Directorate Office seems a little odd, especially when the post is a solitary post.
Normally a Class-I gazetted officer gets time bound promotion say to Senior Time Scale on the 4th year, Junior Administrative Grade on the 7th year and so on. It is not clear whether you got the due promotions or not.
Many of the facts are not coming out. I can understand that because of the public forum you are unable to come out with more facts and circumstances.
If you really feel that you are being sinned against, and as you say the conscience of the court will get shocked, then it is time you better take up with your Administration and then with the State Administrative Tribunal for the redressal of your grievance.
Querist :
Anonymous
(Querist) 08 August 2011
Dear Mr.Ramachandran,
Many thanks for your understanding about my privacy problems and also for your suggestion.
I strongly believe that I have lot of recorded information to prove that I have case.
Only thing I request you is to kindly give me any citations on the topic.
