Transfer to my native place
sumit
(Querist) 15 December 2013
This query is : Resolved
Dear Sir
I am working in a govt bank,basically from Uttar pradesh,but posted in a city of andhra pradesh.I am at the same place for more than 4 years,as per bank HR policy after 3 years we can make a request transfer.There was a marital discord between my wife and me and also my parents due to old age are ill and need attention.I requested to my supervisors for my transfer to my native,after repeated request and application they are not giving any attention to my problem.Due to all this I am in tense situation and its effecting my health.
My question is whether the clause in the appointment letter'Bank reserve the right to post the employee anywhere in india' is not a protective shield for the employer to exploit the employee.Sir I request you all to kindly let me know is there any legal way to sort the problem
Thanks
S K
Kumar Doab
(Expert) 15 December 2013
At the time of selection you might have chosen the state where you have been posted.
Bank negotiates policies with All India............... Bank Employees Union and accordingly various policies are firmed up.
You may download the policy that should be available at the website of the bank and website of union.
It might be mentioned:
Transfer is on account of:
Promotion
Job Rotation
For meeting exigencies of the bank
On account of synchronization of Grades/posts
Rotation Transfer
On Compassionate Grounds: where parent of the employee, self, children need medical attention...............................and employee can make an application to Regional and central Office........................ and present his case..........................decision to transfer will be taken at the sole discretion of the management.
There might also be a mention of Parent State, Next Nearest State, and preference.....................
You may present your case and pursue effectively.
Seek guidance and support from your union too.
The policy of your bank might have that transfer can not be claimed a smatter of right.
Guest
(Expert) 15 December 2013
Transfer is always an inherent condition of service, more particularly for the incumbents holding managerial positions. Even courts do not entertain cases of transfer unless some bias or prejudice in transfers appear in the case of transfer. You should request the management to consider your request for transfer on humanitarian grounds by attaching hospital treatment papers of your parents, if they really remain ill.
Rajendra K Goyal
(Expert) 16 December 2013
Transfer to a place of choice is not a right of employee, but the management has to decide where to take work from him as per employment conditions and policy. If you have genuine problems may represent for posting to place of choice.
BAALASUBRAMANNYAMM
(Expert) 16 December 2013
agreed with experts. In addition to that You have to solve your problem only after "request", but not on "demand".
sumit
(Querist) 16 December 2013
Dear Experts I agree with your opinions but I want to tell you about my situation.Since my parents are seriously ill and not able to take care of themselves due to which I am asking for the transfer,its not by choice as i joined the place where they told me to join.Also in the same organisation,there is a discrimination towards men and women.If a women employee ask for a transfer to a place of her husband posting easily they will consider and at the same time when we ask for a transfer to our place they ask us genuine reason,now what genuine reason they need,parents illness is not genuine for them i think so,also I am not asking exactly my hometown,any place nearby from where overnight journey i can go and attend any medical exigency.
Dear experts I think this biased view towards the transfer request is harassment of the employee,for which i need the advice.
Sudhir Kumar, Advocate
(Expert) 17 December 2013
your remedy can be only administrative. Transfer is not legally enforceable right.
sumit
(Querist) 17 December 2013
@Sudhir Kumar:- Sir I also know that the transfer is not a legally enforceable right,but when it is biased or intentionally done for harassment then one can seek the remedy from law.
V R SHROFF
(Expert) 17 December 2013
It is administrative function, right og adm
Rajendra K Goyal
(Expert) 17 December 2013
Bank pays for accommodation, furniture, conveyance, medical expenses of family at the place of posting. You may keep your parents with you which the Bank wants. Otherwise, you may personally request your seniors to consider your request on humanitarian grounds if your parents do not want to move with you at a place of your posting. It is only repeated request and not the right or demand.
Staff is also required to be deployed at remote places. Some effective may get the opportunity to avoid posting by this or that reason. Lady employees are considered by each organization for posting near their family so that family is not disturbed.
Change may occur if you take a lead and get it changed.
Law would help you in your posting at a place of choice is doubtful.
