Transfer to a not equal post


I am working in a central public sector company.
I got transfered to another unit of my company along with my colleagues.
All are with same designation. But years of experience are different.
It is against my wish.
I wish to continue with my previous post.
One of my colleague filed a case against the company quoting that the new post is not equal to his previous post.
He filed a case in high court.
He won the case against the company.

Can I also get my transfer cancelled.
What should I do to get my transfer cancelled.
Should I approach the court or my transfer will get automatically cancelled.
 

 
Reply   
 
FIN

Your colleague had a reason and the reason was found valid by HC............................hence decision was in favor of your friend.

What is your reason and is it valid?

If Transfer is malafide it can be contested.

If you can find fault with order of transfer then you can have some merit.

Speak to an able lawyer like that approached by your friend and proceed under advice of your able lawyer.

Another approach can be thru employee's unions,..............................appeal quoting valid reasons...................in accordance with service rules.

 
Reply   
 



our colleague had a reason and the reason was found valid by HC............................hence decision was in favor of your friend.

What is your reason and is it valid?

>> My company did not quote any reasons. Company gave me a transfer letter simply.

>> Same is the case with my friend.

>> My reasons are exactly same.

>> Can I quote his judgement for cancelling my transfer.

>> Is Compnay as any obligation to cancel my transfer if the reasons are exactly the same.

If Transfer is malafide it can be contested.

If you can find fault with order of transfer then you can have some merit.

Speak to an able lawyer like that approached by your friend and proceed under advice of your able lawyer.

Another approach can be thru employee's unions,..............................appeal quoting valid reasons...................in accordance with service rules.

 
Reply   
 
FIN

If the reason is exactly same then there is a precedence in your establishment............................and it can help you.

Still show all docs on record to an able lawyer and proceed under expert advice of your lawyer.

 
Reply   
 

Is Compnay as any obligation to cancel my transfer if the reasons are exactly the same.

Yes or No.

 
Reply   
 
Dy Director

You have not described much facts.

 

All it can be understood that if the circumstances of you collegue were same then you can file a case for equal treatment under equal circumstances.

 
Reply   
 
FIN

 

The ‘YES’ or The ‘NO’ is to be given by the authority in your office that is competent to do so!

Assuming that the authority has made up mind to transfer you then it would also prepare ground for it.

Since you have a precedence in your possession you should build favorable record so that your transfer is called back by your representations/appeals……………………….and this shall be the quickest solution.

If within your establishment after exhausting all options your transfer is not cancelled you can approach court of law, like your colleague.

 

It shall be appropriate to consult in advance before you start writing to your company…………………….the seasoned and well informed employee’s union leaders, lawyers/consultants that are well versed with service rules and precedence’s, judgments pertaining to your dept…………………………with all docs on record and draft your representations carefully to suit your interest in the long run.

Your counsel that has examined all docs on record and your inputs can also give you a 'YES' or 'NO'.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x