How to get stay at transfer order

710 votes

Hi, to get stay in the operation of stay order you will be required to file writ petition in High Court by showing the malafides of the authorities which issued transfer order. A stay can also be sought if there is frequent transfers done within a short span of time.

Advocate Nishant Jain LawRato

720 votes

Dear Sir,
Your problems seem to be one that generates from hierarchical structure of your institution. Transfer orders are often initiated at the behest of superior officers.

The only way of putting a stay on your transfer order is to file a writ petition under Article 226 of the Constitution before the Madhya Pradesh High Court challenging the transfer as vicious and with ulterior motives. The state would be forced to bring on record all the documents on account of which your transfer has been initiated. You can challenge the validity of the transfer order being violative of Article 14 as it is unjust and arbitrary.

Advocate Apoorv Pandey LawRato

740 votes

You will have to challenge the transfer order before the Hon'ble High court by filling the writ petition under the provision of article 226 of the Constitution on the basis of trancefer policy of your state other than this no proper remedy is available to you becouse when you will approach to the higher authority then there is very less chances to success in the other hand when you will go before the high court and satisfy the court that the order of trancefer is against the trancefer policy then you will success and get stay order as interim relief and there after court can say you that you go to the higher authority to examine the validity of the trancefer order.
I hope this advice Will help you to face the problem and get the relief.

Advocate Rohit Jagwani LawRato

241 votes

To obtain a stay on a transfer order, you can follow these steps:

1. Consult an Attorney: Seek legal counsel from an experienced lawyer who specializes in administrative law or employment matters. They will guide you through the process and help you build a strong case for obtaining a stay on your transfer order.
2. Review the Transfer Order: Carefully review the transfer order issued by your employer or the concerned government department. Note the reasons for the transfer and any violations of rules or regulations that you believe have occurred.
3. Gather Supporting Documents: Collect all relevant documents, including your employment contract, service records, and any correspondence related to the transfer. These documents will serve as evidence to support your case.
4. File a Stay Application: With the assistance of your attorney, file a stay application with the appropriate authority. This application should outline the reasons for seeking a stay on the transfer order, including any legal grounds such as procedural irregularities, violation of rules, or harm to your career or personal life due to the transfer.
5. Attend Hearings: Be prepared to attend hearings or meetings related to your stay application. Your attorney will represent you and present your case before the relevant authorities. During these proceedings, emphasize the reasons why the transfer should be stayed.
6. Negotiation or Mediation: In some cases, negotiation or mediation may be an option. Your attorney can engage in discussions with your employer or the concerned department to explore alternatives to the transfer or resolve the underlying issues.
7. Compliance with Legal Procedures: Ensure that all legal procedures and deadlines are met during the process. Your attorney will guide you on the specific requirements for filing the stay application and attending hearings.
8. Appeal if Necessary: If your stay application is denied, you may have the option to appeal the decision through appropriate legal channels. Your attorney can advise you on the best course of action.
9. Document Everything: Maintain a record of all interactions, correspondence, and decisions related to your transfer case. This documentation can be valuable if you need to pursue further legal action.

Advocate Chikirsha Mohanty LawRato