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S K Mitra   26 April 2017

Transfer and posting against higher grade without promotion

Sir,

I have been working in Sikkim since 1991 as Stenographer G-II. In December, 2016 I was posted to Kolkata against Steno Gd-I  without promotion or any financial benefits. Both the post carries different pay scale. Due to variousa problems earlier declined the promotion. Now the Competent Authority transferred me to Kolkata aganist a higher post without any financial benefit. Could any one suggest whether I can raise the issue for my transfer back to Sikkim based on this ground.



Learning

 9 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 April 2017

you can approach central dministrative tribunals. 

S K Mitra   26 April 2017

Thank you sir for the information. But I want to know whether the authority could made me work for a  higher grade since  I belong to a lower grade.

Mahi   26 April 2017

Mr.Mitra, You want to know legalality of transfer to higher grade or working on higher grade entitlement to higher grade pay scale?

S K Mitra   27 April 2017

Mr Mahi,

I want to know about the legality of the transfer. As I am posted against a senior grade which belongs to different pay scale. I am being forced to do the job of a senior post. The transfer has been entrusted upon, not my request transfer. I have to leave behind my family and kids in Sikkim for their study and my daughter has been suffering from dust allergies since a long period and under medical treatment. Doctor suggested a dust free zone for her. So I am unable to bring my family in Kolkata, one of the most poluted city in the country. Also finding it very difficult to maintain my family in two places. Though I know my job is transferable but when there is no post available, I wanted to know the legality of my transfer against a higher post. 

 

My intention is to revert back to my parent post in Sikkim.

 

thanks

 

 

Sudhir Kumar, Advocate (Advocate)     28 April 2017

You have not even intimated whether govt is the employer

S K Mitra   28 April 2017

Yes Central Govt is the the employer

jagtar singh   28 April 2017

hello Mitra g,

I am not the legal professional so better you consult the labour matter expert advocate  .My prima facie observation is transfer  order cannot be illegal if it is to higher grade , it could be malice if post is  junior to new place , but still i am not that extent expert so consult a service matter counsel .

Regards

S K Mitra   28 April 2017

Thank you for your suggestion.

Kumar Doab (FIN)     30 June 2017

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in service matters and well versed matters and precedence’s of your establishment.


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