Employee's job can be downgraded on being transferred?
Querist :
Anonymous
(Querist) 26 July 2011
This query is : Resolved
An employee who is Head of the Department is transferred from the Corporate Office to a Branch office and entrusted some part of the job (around 10%)that was doing by his subordinate cadre officer in that branch office and 90% of that branch office work is allotted to the subordinate cadre officer.
1. Can it be done like that.
2. For downgrading the job of the HOD cadre to a lower cadre, can he file a writ petition. If so please quote citations.
R.Ramachandran
(Expert) 27 July 2011
Please indicate whether it is a PSU or a private Company you are talking about.
Please indicate whether there is any reduction in your pay and perks?
Is there any specific order down grading you to a lower cadre, or is it your assumption simply because you have been posted to a branch?
Guest
(Expert) 27 July 2011
There is a lot of difference between the terms "downgrading of a post" and "reverting of an executive to a lower grade of pay." So, to have the solution to your point, you are required to clarify on the points of Shri Ramachandran.
Normally, transfer from a post and reduction of workload of any incumbent have no major significance in any employment unless any bias of the authorities are proved.
Ajay Bansal
(Expert) 27 July 2011
What are terms and conditions of appointment in question.
Querist :
Anonymous
(Querist) 27 July 2011
On the Query of Employee's job can be downgraded on being transferred? Posted on 26th July 2011 and
With reference to Sri Ramachandran sir's points, the following is submitted:-
1. It is a PSU.
2. No reduction of pay and perks.
3. It is not reverting to lower post or
grade.
The point for clarification: At Corporate Office under his control 6 section officers, 3 DGMs and 1 GM are working. Branch office is headed by a subordinate cadre officer (GM) to the HOD. Consequent to transfer to the branch office, 10% of the total work hitherto being looked by the subordinate cadre officer i.e., GM is allotted to the HOD. 90% of the functions are being functioned by the GM cadre officer independently and directly reporting to the Corporate Office. The HOD who is looking after 10% of the branch work is also independently acting and reporting to the Corporate Office.
Now my doubt: The HOD who is earlier heading 6 sections under his control is entrusted with only one section in the branch office and under the control of GM i.e., subordinate cadre to the HOD is heading 5 sections independently at branch office. Does this not amount to degrading the HOD and humiliating him? Can the HOD go to court under Art.19 and 21 of the constitutions as these articles are violated by the management by causing humiliation to the HOD.
R.Ramachandran
(Expert) 27 July 2011
The Organization can place a person at a particular place with more or with less or with least work load / span of control. It is the prerogative of the Organization and not of the executive. The Articles 19 and 21 of the Constitution are not at all attracted in the matter. Instead of unnecessarily getting worked up on an imaginary problem, you would be best advised to concentrate on the work assigned (even if it is only limited work) to you and to excel in the same without giving any room for complaint. If that is the way that the Organization wants to utilise you so be it. In case it is not acceptable to you, you have every right to put in your papers and quit. But you cannot dictate terms to the organization that you should be given more Sections under you etc. etc.
Guest
(Expert) 28 July 2011
Perfect advice by Shri Ramachandran. However, if there is any lacuna or loss in such arrangement, that would automatically attract the attention of the statutory auditors during statutory audit of the PSU. Even if that is willfully ignored by the statutory auditors at the instance of the corporate office, that may not lose sight of the audit by the CAG, as PSUs are also subject to audit by the CAG.
Querist :
Anonymous
(Querist) 28 July 2011
Thanks to all the experts for their valuable advice.
