Transfer in other state violating dopt guidelines
Ankur
(Querist) 05 April 2018
This query is : Resolved
First of all, I beg apology for this long post.
I am working as Engineer in Government Public Sector Company under Department of Heavy Industries. 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. I had been assigned enormous responsibilities and I carried out the same successfully. However, unfortunately, 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 (5) months pregnant and there is none to look after my pregnant wife except myself, as both my parents and wife’s parents reside in two different states and none of them can come. Stating all the facts and my present situation, I have submitted my request to higher management to cancel my transfer, but, unfortunately, 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 thinking to refuse the release order. I am aware that it will amount to insubordination and the departmental proceeding shall be initiated against me and I may be suspended too, but, I can’t afford to go and join in a different state now by leaving my wife in this condition. Other alternative option for me is to resign from the job, but, in that case also I shall have to serve three months notice period in different state, which I can’t afford to do now.
I am very frustrated and depressed, kindly, advice me what should be my course of action.
Thanking you all in advance.
Ms.Usha Kapoor
(Expert) 06 April 2018
You've no other go but keep your pregnant wife in y0ur in laws house and continue working in this current organization.
Sudhir Kumar, Advocate
(Expert) 06 April 2018
agreeing with Ms Kapoor I will add that it is administrative problem and law doe snot provide any practical solution.
Ankur
(Querist) 06 April 2018
Thank you for your reply Ms. Usha Kapoor ji and Mr. Sudhir Kumar ji.
But, please note that my wife is working under State Government and so I cant keep her at my in laws house. Had she been a house wife, I could have done the same.
Guest
(Expert) 06 April 2018
Guidelines are mere for the purpose of guidance, may or may not be followed depending upon the interest of service. So, question of violation does not arise and won't attract any penal or legal action against the management. Any struggle against that may prove to be successful, but on the contrary can prove to be costly for you, money wise or even healthwise.
As such, you may better submit your resignation notice and take stay on transfer during notice period till relieved from your post.
P. Venu
(Expert) 06 April 2018
Transfer is an incident of service. However, the employee has the right to make representation/appeal. Official propriety requires that relief order should not be issued until and unless the representation is decided.
You have the option for seeking judicial review; but the chances of getting positive relief is very limited.
Sudhir Kumar, Advocate
(Expert) 06 April 2018
why should we note as to where your wife is working.
This is a charitable forum and you cannot dictate us like boss.
You have been told that this is not a legal problem but only administrative one. You have to just seek mercy of higher ups.
Ankur
(Querist) 06 April 2018
Thank you for your valuable reply Mr. Dhingra ji and Mr. P. Venu ji. your suggestions will be of immense help to me. And Mr. Sudhir Kumar, I am well aware that this a charitable forum and u may or may not reply. I fail to understand as to from which angle u felt that i was dictating u like a boss. I have followed your replies in other threads too. It seems u r always in the habit of insulting the querist and feels like u r the only great knowledgeable man on earth who is doing a charitable work. Look at the other experts who despite their depth of knowledge without behaving like you understands the concern ( sometimes stupid query) of common man and replies them without insulting them.
Sudhir Kumar, Advocate
(Expert) 06 April 2018
The problem faced by you is having no practical solution in court.
It is unfortunate. But true.
You may like it or not.
Ankur
(Querist) 06 April 2018
Ok. Thanks Mr. Sudhir Kumar ji.
Kumar Doab
(Expert) 06 April 2018
Ms. Usha Kapoor had provided you with easy perspective.
Your wife may opt for duly informed under proper acknowledgment and approved ; leave/sick leave/leave for sickness due to pregnancy ( if her medical specialist recommends) /Maternity Leave and stay with you or with her in laws or her parents…
Try to save yours and her job…
Kumar Doab
(Expert) 06 April 2018
Try to make up your superior that are biased as per your post..
Handling the bosses is a skill……and can be acquired like any other skill.. As in your case, as per your post despite handling enormous responsibilities successfully, you are vindicated..
Of course the established had acceded to your request to transfer you earlier….implying that there are considerate person in authority in your establishment..
You have issues keeping your wife with your in laws…due to some reasons.
Building irrefutable evidences for future use if required is a skill…. e.g of bias, malice, malafide, personal grudges….to get relief from authorities, courts of law…
You have represented on facts and may pursue to fetch some relief…..
Giving up employment is recourse if it is palatable and suitable to you for your interests…
However what would you do thereafter?
If you are clear and confident on this part also, go ahead, resign, separate and firm up your next venture.
Guest
(Expert) 07 April 2018
If you want to get doomed in your career, you must adhere to the vague advice of Mr. Kumar Doab, who earlier endorsed the advice of another fake expert, Ms. Usha Kapoor, who on her part has no knowledge of administrative laws.
You would also be justified to ask Mr. Kumar Doab, what he wanted to convey by a totally vague sentence, ".Your wife may opt for duly informed under proper acknowledgment and approved ; leave/sick leave/leave for sickness due to pregnancy ( if her medical specialist recommends) /Maternity Leave and stay with you or with her in laws or her parents" when the transfer problem is yours not that of your wife.
Both the fake experts, Ms. Usha Kapoor and Kumar Doab endorse each other's misleading advice.
Thank God, he has not advised you to ignore others, like in several other cases, as if he is a perfectionist in administrative laws.
Ms.Usha Kapoor
(Expert) 07 April 2018
In Administrative law I gt 80%. During my law college days.3 Semesters I topped. LL.M I specialized in Business and Corporate Laws. Recently some 6 years ago I( did PG Diploma in Legal Process Outsourcing course(online) from IGNOU. and secured distinction in that.Way back in 2001 I did PG Diploma in Software Engineering from SSI and got A grade.
Guest
(Expert) 07 April 2018
Can't believe. God knows whether did by copying and pasting in your answer sheets or with your brain memory! Moreover, today is not the stage of your college days, which you remember. You need not boast about legal process outsourcing or diploma in software engineering, as that have least concern with the problem of transfer of the querist.
Further, neither your wrong advice is according to the rules and regulations of the Government of India, nor that indicates your expertise in administrative laws.
If you consider yourself so talented, why you render wrong advice to the querists in most of the cases?
Ankur
(Querist) 08 April 2018
Thanks everyone for your valuable replies.
Sudhir Kumar, Advocate
(Expert) 08 April 2018
congratulations to Ms Usha Kapoor for such brilliant record. May god grace more achievement.But unfortunately the problem raised by this query (though he may be annoyed to hear) doe snot have a solution in court (atleast appearing from given facts)
