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Administrative transfer by against state govt. transfer policy


25-Aug-2023 (In Civil Law)
My father is state government teacher and he will transferred by ADMINISTRATIVE basis . from one district to other district . he will file the case in H.C but i think my advocate not put case in proper way . but in case file application . we will mention that 1. petitioner wife is also same cadre employee and her posting is near by to him . 2.in the cadre the petitioner the district change transfer is not allowed 3.with in 3 years he has been transferred 4 times . 4. in same block near by places 25+ post are vacant. 5. in government transfer policy 4 main point not make valid that transfer . i think his advocate not represent the point or missed it . my question is that 1.the judgment given by court (i will mention above is stop my father from transferring, because it not tell that any transfer policy is violated . 2. can he will rights to Re-petition , or file new case or any thing else process. my parents are leaving together i m out for job .
Answers (2)

Answer #1
871 votes
in this case you can write to the department and seek response for this . you can also send a legal notice and seek response if they donot comply then you can file a writ petition under article 226 in the high court for the infringement of your rights.
Answer #2
801 votes
Your first question is not clear. To answer your second question, if there are new grounds or facts than you may file the petition again, but on the same grounds you may not file the petition again. Generally the government reserves the right to transfer it's employees and court doesn't interfere with it unless some rule is violated or unless there is grave injustice.

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