Relieving with transfer

ashok nandhini (Querist) 20 May 2023 This query is : Resolved
Sir,i am working as a junior engineer in southern railway since 2012. Last month(April 28) I have relieved with transfer to one division to other division while I was in leave (LAP and medical leave)from my immediate superior who is non gazatted officer. It is possible to do by him? and also one case was running in CAT Chennai bench by me since 2022, one interim judgement was getting "status quo" on 10 th May to me. At that day I was in medical leave. Last 15 th May i got fit certificate from medical department, and didn't allow me to do my duty as they told already relieved me.. what action have i taken sir, please guide me.

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A junior railway engineer is seeking advice after being relieved with transfer while on medical and LAP leave. They question the authority of their non-gazetted superior to issue the transfer and are concerned about resuming duties after a 'status quo' interim order from CAT Chennai was reportedly ignored. The advice suggests verifying the superior's transfer powers and consulting their lawyer regarding the CAT case and potential contempt of court proceedings if denied duty resumption.

Sudhir Kumar, Advocate (Expert) 20 May 2023
whether you have been relieved by a person not authorized to do so.

kavksatyanarayana (Expert) 20 May 2023
Your superior might such powers to transfer you. If he without having powers, he couldn't tranfer you. You have 10 years above experience did you know who is the authority to transfers?

Dr J C Vashista (Expert) 21 May 2023
You have stated to have engaged an able, competent and intelligent lawyer to proceed your case before CAT Chennai, what is his/ her opinion / advise since s/he is well aware about facts and circumstances and duty bound to satisfy your queries ?

T. Kalaiselvan, Advocate (Expert) 21 May 2023
If the employer is not allowing you to resume duties on return from medical leave despite the Tribunal passing a 'status quo ' order, you can file a contempt of court case against the officer who was not permitting you to resume your duties.
You consult your advocate at the CAT and file the suggested petition and get a stay order against the officer who is stopping you despite granting a status quo order

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