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VIKAS VIJ (GOVT JOB)     09 July 2011

Help in against violation of transfer policy by management

my corporation had done transfer of some employees against the rules written in transfer policy. Transfered employees has good relation in management and they got transfer through sifarish but in my case they refuse to me for transfer  stating reasong that your tenure is very less in our division but already transfered employess has less tenure of mine and they got normal transfer. can i challange this violation  in the court.

but i want to file the case my self and what is the procedure for filling the case in high court.

 

Pls suggest me

Vikas Vij

9569415948



 



Learning

 3 Replies


(Guest)

Transfer is a condition of service, where only management has the discretion and the employee cannot claim as a matter of right. However, if you have got reply in writing about short tenure while some one with lesser tenure has been transferred, you have the right to challenge in the court of law the decision of the management. For process, you may have to visit personally to some lawyer in your neighbourhood that deals with service matters.

D. K. Jain ( )     15 October 2011

Yes, of course the transfer is an administrative decision on the part of the employer and courts normally refrain themselves from intervening into the administrative functioning of any organisation unless and untill one is able to establish any bias or malafide against oneself by ones employer in its actions. And also, if the employer acts so and violates its policies in such acts, courts may be approached. As regards procedure, there is a complete set of various Annexures (A & B), Indexes, drafting of Civil Writ Petition, an Affidavit, various enclosures to your writ as Annexure P-1, P-2, P-3 etc as mentioned in the Index alongwith affixing the court fee stamps of appropriate value and an application for considering the petition on urgency for issuing notice of motion to the employer.

For further details or any help, u may call me over my mobile.

D.K. Jain

K C S Kutty, Pune (Faculty )     16 October 2011

Transfer policy, part of HR policy  is a guideline for deployment of HR as per the requirements at different levels and different locaitons for the smooth functioning of the organsiation. 

If the transfer is done or not done with any malafide intention or colourful exercise of powers, violating the transfer policy, then only you can challenge it.


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