Central government employee transfer related
Querist :
Anonymous
(Querist) 13 November 2011
This query is : Resolved
Can the government transfer the employee without giving any transfer order copy. (transfer order faxed to the superior order only)
Can the government relieve the employee while he is on leave.
Can the employee be transferred while his spouse is working in the same place.
Is there any ruling, in favour of employee, on transfer of central government employee.
Is there any govt rule, that the employee shall not be transferred during the academic period.
Guest
(Expert) 13 November 2011
Transfer is treated as condition of service in Government organisations and the employee can be transferred at any time during service. Transfer Order by FAX is quite valid. However, the employee can get a copy of the transfer order from his superior, who has received the copy of order by FAX. Employee's copy of formal order can follow even after he is relieved on the basis of order received by FAX.
Although the employee cannot be relieved during leave period, but he can be treated as relieved on the expiry of leave.
Posting of husband and wife is a privilege, but not as a matter of right. Posting at the same place is subject to the exigency of service.
Unless you can prove some element of bias on the part of the superior authority or the transferring authority, you have no chance to get orders of transfer cancelled.
The rule is that the Government sevant be not transferred AS FAR AS POSSIBLE, but there is no bar if transferred in the exigency of service, or public interest, or where the employee is becoming a source of indiscipline.
Chanchal Nag Chowdhury
(Expert) 13 November 2011
Mr. Dhingra has answered in full. I do not know of any Govt. Rules which go contrary to the above. So, unless U can show any cogent reason which fits into your Rules, there is nothing wrong in the method.
Querist :
Anonymous
(Querist) 13 November 2011
Thanks to Expert Mr.Dhingra,
you have said,
"Although the employee cannot be relieved during leave period, but he can be treated as relieved on the expiry of leave."
Is there any ruling/case law to support this, which will throw more light on this issue. I am badly in need of this.
Can you please help me.
Guest
(Expert) 13 November 2011
No case law, either in support or against the provisions to relieve an employee on expiry of leave, unless recalled from leave to make the employee hand over important charge, if held by him. The leave sanctioning authority can recall an employee from leave before expiry of leave by cancelling the remaining part of leave, if already sanctioned.
Kirti Kar Tripathi
(Expert) 14 November 2011
formal communication of transfer order is necessary. In case the transfer order is faxed to the superior, it is for the superior to communicate the said order. This order will take effect only after when the employee concerned resumed his duties. Transfer is an incident of service and in central government services, there are government orders, which prescribed for staying of wife and husband in one place but it is not hard and fast rule. in extraordinary circumstances, the government can deviate from this rules. So for as staying at one place till the end of academic session child education, this a good ground to challenge. In your case both grounds are logical , you may try for staying the transfer.
