Transfer to native state

Querist : Anonymous (Querist) 28 September 2020 This query is : Resolved
Dear Sir
I am an employee of central govt department and working as a scientific officer. Presently I am posted at the southern part of Tamilnadu which is so far from my native place Kolkata, West Bengal. unfortunately, recently my parents are ill and suffering from various problems like high sugar, BP etc and unable to take care of themselves also my sister is there who is at 2nd year of college.
hence I want to get a transfer to my home state (where already our department office is present) to take care of my old parents and to provide them with a routine medical check-up.
But my employer is not considering my request at all.
Is any central govt memorandum or any law to which can help me in this regard?

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Quick Summary

A central government employee working as a scientific officer in Tamil Nadu wishes to transfer to their native place in West Bengal to care for ailing parents and support their sister's education. Despite submitting a request, the employer has not considered it. The discussion clarifies that while transfer is a procedural matter within the department's jurisdiction, there's no legal right to a transfer to a place of choice, especially on grounds of parental illness or sibling's education. Persuasion through proper application, supporting documents, and potentially departmental associations is advised, as legal recourse is unlikely to be successful or swift.

Isaac Gabriel (Expert) 28 September 2020
Not a legal query.Could apply to the competent authority.

Dr J C Vashista (Expert) 29 September 2020
Transfer / posting falls within the procedural domain / jurisdiction of department, you may apply if you wish so.

Dr J C Vashista (Expert) 29 September 2020
No legal issue is involved in your query for consideration and obligation of experts on this platform..

A. A. JOSE (Expert) 29 September 2020
Transfer is an integral part of employment and one has little choice please if one wants to be employed. Your proper course of action may be to persuade your higher authorities by submitting a proper application alongwith sound reasons and documents in support of the same. Needless to state that B.P. or Sugar(Diabetics) of parents or study of sister, etc., are not so serious grounds for getting a transfer to the native place.

Rajendra K Goyal (Expert) 29 September 2020
You can not claim transfer to place of choice as a matter of right. Even if policy in your favor exist, department may decline the request on the plea of exigency of services.

If you move legally, court may take 3-4 years in decision associated with weak grounds in your favor which may decide case against you. Department may prefer an appeal even if case decided in your favor.

Only personal efforts, requests, support from association may fetch some hope.

P. Venu (Expert) 29 September 2020
Having joined a Central Government Institution, that too, in a fairly senior level, you have no right to choose your posting. Moreover, the facts posted reveals nothing which entitles you for special consideration. It is only a natural course of life that parents get older and have minor ailments and that siblings attend college.

Rajendra K Goyal (Expert) 30 September 2020
Without having any intention to hurt the emotions, at this age parents of most of individuals may have health problem or require due care.

Try to shift them with you.

Transfer request may or may not be entertained by your department.

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