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Transfer by company in other state violating DOPT guidelines
05-Apr-2023 (In Labour & Service Law)
I am working as Engineer in Government Public Sector Company. After getting married, I had been transferred to other state (branch office of company) on personal request as my wife is working in that State Government on humanitarian ground. But, due to personal grudges of some higher officials, I have been transferred back from Branch Office to previous state At Present, my wife is five months pregnant & there is none to look after my pregnant wife except myself, as both my parents and wife’s parents reside in two different states & none of them can come. Stating all the facts & my present situation, I have submitted my request to higher management to cancel my transfer, but, no reply came from their side In the mean time, due to ill health of my wife, I went on EL by submitting my earned leave application, but, vide e-mail, I got to know that they have issued release order in during my leave period. I am very frustrated & depressed, kindly, advice me what should be my course of action
Please be noted that after reading your stated, it is deemed that no further letters will bring relief to you. The relief is available only with the Central Administrative Tribunal or the State Administrative Tribunal, as the case may be. Please process to file a petition there annexing all the necessary documents. Please emphasis to collect evidences that the transfer is not a routine work but is the personal grudges of the seniors and pray for stay of the transfer till the case is pending!!
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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Naturally the disputes relating to civil services are adjudicated in SAT Salt Lake, but other services and PSUs are done in our Hon'ble High Court. However the labour dept, government of West Bengal provides circular from time to time guiding the transfers of the spouse in same station as well as special benefits at the time for pregnancy of the spouse. However since you have submitted demand of justices before the authorities and you must have receipt o fthe same, you should file writ petition before the Hon'ble High Court or before the SAT depending upon your employer's name and name of PSU. You will surely get relief, as same reliefs have been given in many of my matters. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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My advice based on the statement given by you is that you should act strictly in accordance with the service Regulations of your organisatio.In any Government organisation, ESR is the must to be adhered to by any covered employee.Please act accordingly and pursue your case at personal level with your immediate superior authority.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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