Transfer posting to remote place far from home
samarnag10
(Querist) 03 May 2015
This query is : Resolved
Sir,
I am working as a postal assistant and being a divisional cadre I am entitled to be posted anywhere in my division. Previously I was posted at Serampore a 30% HRA but now some unknown reason the competent authority has transferred me to a remote place far from my home also 10% HRA area, and provided a condition that If I implement CBS(Core Banking Solution) at that Sub Post Office then only my prayer will be considered. I was recruited as Postal assistant but my department has given me a lot of training for doing system maintenance. As I have completed 4 years at Serampore I have submitted my choice of tenure transfer to a place where I could have my benefits also I could server my department well with all of my knowledge and training.In response to my transfer choice the competent authority intimated me that I have to remain at that remote place until the CBS is not completed there. Kindly intimate whether as per CCS CCA rule is it justified to transfer someone with performance related issues?
MANOJ HARIT
(Expert) 03 May 2015
First & foremost - join the place of transfer.
Make a representation to the competent authority stating all the facts.
After the reply, if u r not satisfied, & if there is apparent extraneous motive - file a Writ Petition.
Kumar Doab
(Expert) 03 May 2015
Agreed.
Act in accordance with service rules.
Rajendra K Goyal
(Expert) 03 May 2015
Practically, it is better to accept the proposal of the department. It would give good chance.
Represent to the department before implementing CBS or after, choice is yours.
Guest
(Expert) 03 May 2015
@ Mr. Sudhir Kumar,
The case of transfer of the querist with today's new account registration (03 May 2015), duly linked with the CCA (CCA) Rules may be of interest to you.
Is not the question of querist quite interesting, as follows!
"Kindly intimate whether as per CCS CCA rule is it justified to transfer someone with performance related issues?"
Sudhir Kumar, Advocate
(Expert) 03 May 2015
all the querist needs to know is that do come in play when disciplinary action is taken.
Disciplinary action cannot be taken if you are obeying the posting order.
Guest
(Expert) 03 May 2015
Mr. Sudhir,
Your reply is not in congruence with his question. His question is about justification of his transfer under CCS (CCA) Rules, NOT about result of non-obeyance of orders of transfer.
samarnag10
(Querist) 03 May 2015
Dear Sirs,
Thanks for the generous support and replies, I have already joined at my new place where I have been deputed as of now, actually I have had a lot of training and a lot of govt money has been invested in those training from DoPT as well as from my department for this reason the competent authority did not give me a proper transfer memo.Somehow he got angry on me and punished me in this way as he has that power to transfer anybody to anywhere,but as per latest circular from our department dated 31.03.2015 to implement rotational transfer 3 member committee need to be formed by the regional head comprising of our divisional head and neighboring divisional head. The committee has been formed but the memo has not implemented, I just need to know what to do if I am given a permanent posting there whereas I could have been given a better posting where I could have serve my department also spend some time with my family also I did not have to incur monitory loss. What to do after I get the memo?What will be my first step,also let me know how to file a writ petition as you have discussed here
samarnag10
(Querist) 03 May 2015
Dear PS Dhingra Sir,
You have got my point actually. I just needed to know I have served my department well and my records are clean, but all of a sudden I have been transferred as I do not flatter!!! As of today performance related incentive or posting is not applicable as per CCS CCA rule as per my knowledge, so I want to know whether the competent authority can issue such orders that after assessing my performance I will be given my choice of posting whereas my colleagues who are doing the same nature of job have not been given such choice, which clearly indicates that personal vendetta plays a crucial role here, so here lies my question that whether he can do that or not as per rules, if not what should I do?
Guest
(Expert) 03 May 2015
Dear Samarnag,
Just keep in mind, Government does not spend so much money for different training programs of individuals, just to keep thm at their home stations. There services have to be utilised where your skill can be properly used after imparting trainings.
You should rather be heartily thankful to the authorities, who tried to enhance your skills at the Government expenses, which you could not afford from your own pocket and without wasting your own accummulated leave.
By the way, from where you could learn that CCS (CCA) Rules deal with transfers or promotions or to debar the competent authority to transfer the officials anywhere under his jurisdiction?
Sudhir Kumar, Advocate
(Expert) 03 May 2015
per-se transfer is not challengeable unless there is strong inference of arbitrariness or malafide (which does not appear from given facts)
