Validity of govt order

ANNAMALAI R (Querist) 25 September 2018 This query is : Resolved
i am a central govt employee group A gazetted service and left with 04 yeras eight months for service.i requested for a home zone transfer from my employer due to my children education ground and resettlement.i am 50 years old and served the organisation for more than 30 years.my request was turned down and i was posted to a place which is 2400 km from the place i requested.
the transfer has come in between the academic session of my daughter who is in xii std.My request for cancellation of posting also turned down and i have t join in the new place at the end of ocober.
do i have the right to sue my employer as my right for a dignified resettlement is denied
right to education of my child is disturbed the crucial XII std
further there is no policy on our department before retirement and only a provision of request posting exists .However the superannuation policy exists for group B gazetted service and below
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Isaac Gabriel Online

(Expert) 25 September 2018
Agitating will be of no use.Try to convince by representaions.

Sudhir Kumar, Advocate (Expert) 26 September 2018
There is no case worth going to court.

Guest (Expert) 26 September 2018
You have every right to sue your employer, but must also be ready to face flak in your proposed court case and also more problems to arise in your service period.

Is not a mystery that being a Gazetted Group 'A' Government servant you don't know even a simple fact that transfer is a condition of service and also Group A employees have all India transfer liability?

ANNAMALAI R (Querist) 26 September 2018
sir
i completely aware the fact my job is transferable throughout india and doing so in the the last thirty years.My question here is when i placed a request first time after three decades of service ,can my employer deny the privilege for my choice of place

Guest (Expert) 26 September 2018
A REQUEST is not always subject to acceptance. That depends upon the sole discretion of person/authority whom request made. There is no Rule in Government of India that a request must be accepted, of an employee, who rendered 30+ years of service.

When you are aware of the fact that your job is transferable throughout India, so where the question of non-validity or your transfer order or non acceptance of request arises?

If service does not suit you in the present circumstances, you may better take voluntary retirement with full pension after getting weightage of additional 5 years of service on voluntary retirement.
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Sudhir Kumar, Advocate (Expert) 27 September 2018
Yes employer is at liberty not to accept posting to choice place. No legal aspect involved.

Your non-joining at new place of posting (unless posting is modified) can attract disciplinary action at this stage of career.

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