Both couple Govt working priority.
Lohith Kumar N H
(Querist) 14 September 2016
This query is : Resolved
Sir, I Lohith working in indian railway central govt employ and my wife as a Karnataka govt school teacher, wife applied teachers transfer under both couple working in govt priority along with my service certificate,but Karnataka govt education department not considering in both couple working in govt priority, regarding this enquired replied from education department,indian railways not a central govt it is a corporation similarly ksrtc,kptcl, but I appeal Indian railways not a corporation directly controlled by railway board under ministry of railways but not ready to consider the both couple priority,but postal department,Income tax department consider this priority how is this possible Sir please give a suitable legal opinion Sir what I will do next legally?
Am waiting your favourable reply
Thanking you Sir.
Sudhir Kumar, Advocate
(Expert) 14 September 2016
remedy available is only administrative.
Such transfers cannot be compelled by law.
Ms.Usha Kapoor
(Expert) 14 September 2016
File a Writ of Mandamus in Highcourt adding the State Government School as opposite party next to the Railways and the concerned State /government School as opposite parties seeking directions to the Railways to consider both couple priority and post your wife also to another ciy or state as teacher of Government School.Or let her resign her state Govt School Teacher Job here and apply fresh in other state claiming experience and qualifications etc in a former Govt school and get employment there in a new State Government school. Another option would be she will stay here by continuing her govt school teacher job and her husband works in a different /state visiting his family on and off by applying leave etc..You are a Central Govt Public Sector Employee and your wife is a school Teacher in State Government School.Normally one state Govt School can't recommend its teacher's candidature to another state Government school in different state as it is outside its Jurisdiction.
Guest
(Expert) 14 September 2016
Mr. Lohit,
Your question seems to be quite vague, being short of the basic necessary information.
By the way, in which city and state you are working in which office of the Railways and where your wife has sought transfer from Karnataka?
adv.bharat @ PUNE
(Expert) 14 September 2016
Author need to explain the query raised by expert.
Rajendra K Goyal
(Expert) 14 September 2016
Request to department may fetch results. Can not be claimed as right legally.
Guest
(Expert) 14 September 2016
Dear Lohit,
As per the information provided by you through email, I have checked about the status of your organization, which is a public sector undetrtaking (PSU), an autonomous company of Railways, but not a department of Railways.
So, the objection of the Education Department of Karnataka State is valid.
Better try to get transfer of wife under the existing rules of the education department, if permit transfer from one division to another within the state.
Sudhir Kumar, Advocate
(Expert) 14 September 2016
I tend to partially (with utmost regard) disagree with the views of Ms Usha Kapoor.
Writ mandamus can be filed when public authority omit to do duty. Posting policy of husband wife in same place is a convenience and not enforceable right.
Annoying deptt can be highly counter productive.
Guest
(Expert) 14 September 2016
Shri Sudhir Kumar is right in his observation.
Moreover, instructions for transfer of spouse at or near the place of duty of the other spouse is merely a guideline to be followed keeping in view of exigency of service, but not a statutory rule to be compulsorily followed by any employer.
Raj Kumar Makkad
(Expert) 15 September 2016
I do endorse the view of Sudhir Kumar.
Dr J C Vashista
(Expert) 18 September 2016
I appreciate and agree with the analysis and expert advise of Mr. Sudhir Kumar.
No court can issue any such writ as stated by Ms. Usha Kapoor, it is her misconceived conception.
The Karnataka education department may (but not sure) consider the case of transfer of your wife to desired station purely on humanitarian grounds and not as a matter of right.
Consult a local prudent lawyer for proper guidance and proceeding.
Raj Kumar Makkad
(Expert) 18 September 2016
Transfer is not a matter of right of an employee. It can be claimed only if there is settled policy of State.
Rajendra K Goyal
(Expert) 20 September 2016
Again repeat that request to department may fetch results sooner or later, legal steps would worsen the claim.
Lohith Kumar N H
(Querist) 09 December 2016
Sir, my wife as a karnataka state government employee and having one surving child I can avail earlier one year back once miscarriage leave,still now too getting a same misscarriage due to applied the same leave but not sanctined our department please send me the reply sir how many times taking miscarriage leave entire service under maternity act and medical certificate format sample also
Lohith Kumar N H
(Querist) 09 December 2016
Sir, my wife as a karnataka state government employee and having one surving child can avail earlier one year back once miscarriage leave,still now too getting a same misscarriage due to applied the same leave but not sanctined our department please send me the reply sir how many times taking miscarriage leave entire service under maternity act and medical certificate format sample also
Rajendra K Goyal
(Expert) 09 December 2016
Please refer to your service rules / consult local expert in service matters.
Can try other medical leaves.
Dr J C Vashista
(Expert) 10 December 2016
As clarified earlier, case of your posting in Karnataka (where your wife is employed) may be considered by your employer purely on humanitarian grounds; avail the opportunity and submit your application accordingly.
If it is fruitless, it would be better for your wife to take medical leave, leave without pay, study leave or resign. In present circumstances you should prefer your family to job.
Rajendra K Goyal
(Expert) 10 December 2016
Agree with the advice from expert Dr J C Vashista.
Dr J C Vashista
(Expert) 11 December 2016
Thank you Mr. Rajendra K Goyal ji for agreeing with me.
Lohith Kumar N H
(Querist) 31 March 2017
Sir, I have completed Bachlor of General Law B G L in annamalai university 2 Year Law course in Distance mode Regarding This can I next eligible for admission to LLM? if yes, after completion LLM can I practice as a advocate plese give me instruction sir.
