Legal Question in Employment Law in India

I am working as Assistant Engineer in Govt of karnataka department. As per the department rules, the govt can transfer any employee after completionof 3 years of posting in one place/office. I joined the water resources department on 01.10.2013 and will be completeng three yers on 30.09.13, But I was surprised that I have been transfered prematurely vide govt transfer order dt. 11.09.13

to a remote area around 450 kms from Bangalore.

The question is whether I can approach the Karnataka Administrative Tribunal and get the order quashed on the grounds of premature tranfer which is approximately 23 days. I am married with 2 kids and husband working in private sector. Can I also fight the case on family grounds.

Please give me your legal advice.


Asked on 9/12/13, 10:13 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

13.09.2013

Dear Madam,

NO. If the rules permit, at the most you can defer your transfer by 23 days, but it could be that the Department has given you sufficient advance notice to enable you to make arrangements to relocate to the new office. When you are on a job, posting or transfer is inevitable; you cannot cite family grounds to suit your needs and requirements. If you are so concerned, the employer will tell you to quit the job and take care of your family which is not advisable nor recommended.

Regards,

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Answered on 9/13/13, 1:21 am


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