For service matter want to go CAT, please guide
Querist :
Anonymous
(Querist) 29 April 2019
This query is : Resolved
I m posted now in Karnataka but my native is Gujarat, I want to go CAT Ahmedabad , is it OK?? One lawyer guided me that where you r posted now ,you have to approach in the respective CAT. Please suggest .
Isaac Gabriel
(Expert) 30 April 2019
If it is your first postings, better join and then represent for a transfer.
Sudhir Kumar, Advocate
(Expert) 30 April 2019
Mere fact that your native place is Gujarat then you do not get enforceable right not to be posted in Karnataka.
In transfer matters courts are reluctant to interfere unless a strong material is there to establish any bias.
Better not to waste money.
Do not move to Court. Only represent. Do not invite more remote posting by provoking authorities.
PARDEEP KUMAR
(Expert) 30 April 2019
The query nowhere indicate that the concerned wish to challenge his posting. Even if so, chances of one's succeeding in transfer case are very low. However so far as jurisdiction issue is concerned it would be Karnataka, though depending upon certain facts the jurisdiction may change.
Guest
(Expert) 30 April 2019
Wonderful advice by your lawyer. By the way, have not you asked that respected lawyer, what crime your organization has committed and under which section of which Act of law, if that has given you employment in Karnataka?
However, if ready to spoi your own career and to gain bitter experience of hanging in the courts of law, you also want to waste your money and lot of time in litigation in CAT merely for this reason that you are posted outside your native state, you must go to file a case for your mental satisfaction in addition to being ready to fill the pocket of that lawyer, who advised you to file a case in CAT.
If you were so particular about your nativity, you could better have tried for a job in local municipality.
Best of luck!
P. Venu
(Expert) 30 April 2019
The OA could be filed in the place where you are currently posted and/or the place the cause of action had occurred. As such, you can certainly approach the Bangalore Bench. The option to approach Ahmadabad bench is available only if the cause of action had arisen while you were posted in Gujarat, and not otherwise.
kavksatyanarayana
(Expert) 30 April 2019
Dear anonymous queriest, If you are the native of Gujarat State why did you opt to Karnataka State? However in the first instance you have to submit representation in duplicate to the HOD of Karnataka. Then the HOD will send it to the Prl. Sec. to Govt. of Karnataka. If the Government rejects your application for State transfer, then you have to approach Tribunal.
Dr J C Vashista
(Expert) 01 May 2019
An anonymous author may not be obliged by experts as per rule of this platform.
Dr J C Vashista
(Expert) 01 May 2019
What is the dispute for which you want to know jurisdictional Administrative Tribunal, you did not specify?
However, it shall be better to consult a local prudent lawyer practicing service matters, if there is some dispute/truth in your story, for better appreciation of facts/documents, guidance and proceeding.
