(Guest)

Transfer on personal request vs transfer on demotion

A central government employee (LDC) who is nearing his retirement (3 years left) was given a promotion offer by his department for the post of UDC. This LDC is working in a Hilly Area and was asked to shift to the Head Office located in South of India on promotion i.e. transfer on promotion. The concerned employee took around 3 months (making excuses) to accept the promotion offer. Finally he accepted the promotion and was relieved from his services from his parent department. After the concerned employee was relieved from his parent department to enable him to join his new posting, the post of LDC got vacated and is still lying vacant. Finding the post of LDC vacant, an another employee of the same department but working in some other state/branch as an LDC, is willing to relocate himself to that hilly area (cause he is having his personal residence/property in that hilly city). The latter sends a personal request to his head office for his transfer to the office located in that hilly area as his wife is not keeping fine in terms of her health and needs proper care (which can be taken by her parents who too are located in that hilly city where the latter wants to get himself transferred).

Finding the working atmosphere not congenial the employee who has accepted the promotion and had joined his head office (located in South of India) as UDC has also given a written request that he may be demoted to the post of LDC and reverted/transferred back to that hilly city.

As rejecting the promotion offer and asking for demotion tantamounts to breach of the government orders, hence as per the Central Government Rules disciplinary can be taken against this employee for seeking demotion or for wasting at least 6 months of the other eligible employee who could have got the promotion if he had rejected the offer on the very first moment.

Kindly guide whether the reasoning done by the latter (asking for tranfer on same post of LDC) has some extra genuineness over this former one (who is asking for demotion) to get himself transferred to the place of choice. Can the transfer request of the latter be ignored and the former be demoted and transferred back to that hilly city on his request.

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3 Replies

sinuvasu (advisor) 23 January 2010

Dear devandra.

pls remember the basic norms and by-laws related to the administrative functioning.Promation or demotion in Service matter of Govt.employee depends upon his performance not upon his requirements and willingness. But refusal for promotion or demotion deems to be refusal to work. On this ground the administration is empowered to initiate D&A action or even termination from the employment also.

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(Guest)

Dear Sinuvasu,

Thanks for your prompt reply over this issue. But this concerned department hardly pays attention towards the by-laws and justifies it's action on the basis of their ow judgments (which are most of the time incorrect/unjustified). In this concerned department many people were offered promotion but later were reverted/demoted to their previous post and that too on their personal requests. Here in this case the employee who has been promoted and is asking for his demotion on personal request is trying to use his influence with the Head and other senior officials of that Department. As this employee is on the retiring edge (3 years left) everyone is trying to adjust his request by one or the other way (which ever can be possible). But the 2nd employee who has been seeking for his transfer on personal request on that vacant post of LDC has no influence in the concerned Department hence his application in the form of personal request of tranfer is not being given the proper weithage/attention.

Moreover the Head of the department located in the that hill city is also not willing to have the 2nd employee (who is requesting for his transfer with the reason of the ill health of his wife) with him as he has some personal grudge with him cause of some family disputes.

What if in case the 1st employee who is requesting for his demotion in order to get back to that city is demoted because of his influence ignoring the latter who is also seeking for his transfer on personal request (as transfer on personal request can't be considered as a matter of right)? Can the latter challenge the demotion of the former as the latter's request for his transfer was delibrately not considered?

If possible, kindly guide quoting the relevant rules in this matter.

(Guest)

This is in reference to my previous issue posted by me on 23 January, 2010 on the subject of transfer on personal request vs transfer on demotion. In this case the request of the LDC who had requested to get himself transferred to the hill station office (of Ministry of Human Resource Development, Department of Higher Education, Government of India) was accepted and is transferred to the office located at that hill station. Now the promoted LDC (promoted and transferred to the post of UDC at the Head Office located in South of India) who was seeking for transfer on demotion (from UDC to LDC) is claiming that as per the Central Government Service Rules he has to be demoted back to his parent post of that hill station office and that the LDC who was transferred to that hill station office on his personal request against the vacant post of LDC (vacant on promotion) will have to be transferred back to his previous department.

What does the Central Government Service Rules say for such cases? What is the minimum period a Central Government Employee has to spend at his new department on his tranfer to that office?

Seeking for an early guidance from the experts.