Frequent transfer to rural places and harassment
Querist :
Anonymous
(Querist) 14 January 2018
This query is : Resolved
Sir i am posted as a J.E. in a department in central govt,from the beginning i was given rural posting.after two years of hardships and good work my executive engg accept my Request and get me posted in Jabalpur. then new executive engineer came and he is a very arrogant man.he always delayed my ta bills and imprest to which i started opposing and started giving matters in writings. then he started preparing ground to harasse me.He provoked my subordinates to write complaints against me and make my reporting officer to give me 3.2 and 5.2 marks in my apar,which hampered my promotions.then with in a year he transferred me again to a rural place which ddidn't even had a tea shop there.after spending 7 months of time,with the help of some political leader i get a district posting.then again in 1 year he released a transfer order to change my headquarter to 30 KMS away to a rural village.i will have to report there sharp at 08:00 which is very inconvenient as bus services are very poor on that route. there are many colleagues who are very junior to me but from the beginning the are posted either to some good cities or they spend very less tenure in rural places.kindly guide me what can i do in this situation as due to this me and my parents are getting mentally disturbed.we even sometimes unable to sleep at night fearing what bad the next he will do to us.my mother is a heart patient and i can not bear to tell her about the harassment i am going through. they don't let me leave the job as they want me to get married.kindly help me asr
Querist :
Anonymous
(Querist) 14 January 2018
Kindly tell me if i can get stay from the court
Querist :
Anonymous
(Querist) 14 January 2018
Suggest me way out please
Ms.Usha Kapoor
(Expert) 15 January 2018
You can challenge the mANAGEMENT FREQUENT POSTING OF YOU TO RURAL AREAS ON THE GROUNDS OF BEING HIGHHANDED, UNCONSTITUTIONAL, ILLEGAL, BIASED,PERVERSE, UNFAIR, LABOUR PRACTICE AND VICTIMIZATION IN CAT OF YOUR AREA WHERE YOU ARE CURRENTLY EMPLOYED AND GET THE NECESSARY RELIEF.Meanwhile you can file stay petition for staying the current transfer orders to proceed and work in a rural area.
R.Ramachandran
(Expert) 15 January 2018
1. Getting stay of Transfer Order is not easy, unless one can clearly establish on record Malafide / arbitration / discrimination / on the part of the authorities, by cogent material, evidence etc.
2. Therefore, before approaching the Central Admv. Tribunal, you have to collect lot of data like (i) when was you appointed (ii) what are the places you were posted (iii) duration of tenure at each place.
3. Similarly, the maximum details of your juniors/seniors who are working at Cities and who have not been posted to any rural area.
4. The Copy of the Transfer policy in your organization. How the transfer policy has been violated in your case. (Frequency of transfer, hard posting tenures, minimum tenure at a station etc. etc.)
Only then you will be in a good position to challenge the transfer order.
Further, if you desire stay of the transfer order, then you should not have been relieved from your station/post, when you approach the CAT. If you already stand relieved, then it will not be possible for the CAT to grant any stay.
Keep all these points in mind, approach a lawyer in your area who practices before Central Admv. Tribunal and then take the matter forward.
Sudhir Kumar, Advocate
(Expert) 15 January 2018
I am sorry to fully disagree with the views expressed by Ms Usha Kapoor.
Facts on record are that :-
(I) There are bekow benchmark entries in the APAR.
(II) you have not been able to get these entries expunged.
(III) you cooly suffered loss of promotion.
(IV) There are complaints against you in the place where you want to be posted.
(V) You managed a posting with political intervention and adverse posting was issued as soon as you lost this temporary patronage.
(VI) You nowhere claimed that you were posed without a vacancy.
(VII) You nowhere stated that if there is any policy of the deptt that it is junior only who should be posted to rural /remote area.
Goven facts just donot provide any material worth going to Court.
P. Venu
(Expert) 15 January 2018
The query suggest a complex situation (though may not be any complex problem); there certainly ought to be an other side of the story, wsp. you, admittedly, has sought political patronage. No magic wand could be suggested to remedy the problem, if at all any.
All that could be suggested is that you need to grow up to take things is stride; such problem, quite often, turn out to be opportunities in the long run!
Guest
(Expert) 15 January 2018
Yours are administrative problems, not legal one.
Any legal course of action, if suggested by any of the experts may prove to be extremely harmful to your own interest. You are required to deal with the issues prudently in a very systematic administrative way, not legally.
So, at first, you are required to tackle the issue of Below Benchmark of APAR ratings on priority basis with the help of some knowledgeable expert on the service matters That is the most important area of your career development. Once you fail on this front, you would be lost forever in your service career, may you even go up to the level of the Supreme Court.
Only thereafter open the 2nd front about your transfer issue.
So, for the purpose, your casual type of queries may not fetch you the result oriented solutions. For practical solution, better sit with some knowledgeable expert, discuss in detail, get the case related documents examined in detail, and get some effective representations prepared through him only. That may also help you create some purposeful evidence to be available in your hands, even if at any time you feel the need of adopting the legal route to get justice through court of law. Any court case is run on the basis of some solid evidence to get justice.
Guest
(Expert) 15 January 2018
What do you understand by stay? Stay does not ensure your posting at the place of your liking. That just makes a status quo that means you would remain posted at the place wherever you have now been posted and would remain there till your case is decided in your favour. INTEREST OF SERVICE IS ALWAYS A GREAT WEAPON IN THE HANDS OF THE ADMINISTRATION. If the administration/ management is able to prove your transfers in the interest of service, you would be a great loser even through the hands of law. Further, you would always remain prone to the ire of your superiors. Your service benefits would be denied, your leave would always get refused, your promotions would be abnormally delayed or denied even by purposefully keeping your APAR below benchmark.
What would be the remedy with you for all that, if that happens with you after you take recourse to the legal proceedings without any solid evidence against the administration. Better cause to create some solid evidence of bias, prejudice and harassment on the part of your bosses that may be against the prescribed rules.
Try to face the problems boldly but diligently, totally shunning the idea of moving to the court of law, particularly in your service matter.
Dr J C Vashista
(Expert) 16 January 2018
Sorry, no reply for anonymous author.
You will have to disclose your identity to seek obligation from experts FREE OF COST as per rules of this platform.
Sudhir Kumar, Advocate
(Expert) 16 January 2018
Agreeing with Mr dhingra i would add that as far as APAT is concerned this person could have represented within 15 days of communication (he never stated it was not communicated) he has missed the bus.
in case below bench mark was not at all communicated even then he has not stated when / how he came to know of the same.
