How to get stay on transfer in a Government job

929 votes

1)As per the policy laid down by Department of Personnel and Training vide Office Memorandum No. A-B 14017/41/90-Estt.(RR) dated 10.5.90 and Office Memorandum No. AB 14017/16/2002-Est(RR) dated 13.3.2002 physically handicapped Government servants, may be given posting, as far as possible, subject to administrative constraints, at or near their native places.

Requests from physically handicapped employees of all groups for transfer to or near their native places are also given preference. The aforesaid Office Memoranda were circulated to all Ministries/Departments. These instructions apply only to the Government of India and State Governments may have their own policies on transfer and postings.

2)Supreme court has held that An order of transfer is an incidence ofGovernment service. Who should be transferred where is a
matter for the appropriate authority to decide. Unless the
order of transfer is vitiated by malafides or is made in
violation of statutory provisions, the Court cannot
interfere with it. There is no doubt that, while ordering
the transfer the authority must keep in mind the guidelines
issued by the Government on the subject. Similarly, if a
person makes any representation with respect to his
transfer, the appropriate authority must consider the same
having regard to the exigencies of administration.

3) you can make representation on grounds that your are not physically fit and that order of transfer is discriminatory as health grounds have not been considered while passing order

Advocate Siddhant Sharma LawRato

821 votes

Certainly you can approach Ernakulam Bench of the Central Administrative Tribunal. But please note that courts slow to interfere in transfer matters unless there is a willful and substantial violation of transfer norms, if any, or there is inherent malafide.

Advocate P Venu LawRato