Not relieving transferred Government servant indefinitely for long period

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Not relieving transferred Government servant indefinitely for long period

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    • #2038
      Anonymous
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      My transfer order was issued six months back from one place to another. But, my head of office has not relieved me so far to join at the new place of posting. He is refusing to give reason and also refusing to tell when will he relieve or whether he will relieve me on transfer. This is causing uncertainty for me since I cannot place things properly including education of children. What can I do in such situation? Can the head of office not relieve a government servant for indefinitely long period?

    • #2039

      Usually it would not happen, i.e., not relieving a government servant who has been transferred to another post. Sometimes, due to some administrative exigencies (and sometimes also due to some other reasons, including personal ones), a transferred government servant may not be relieved early to join the new place of posting. The way you have mentioned that your head of the office has not relieved you on transfer even after 6 months, there may be a possibility that he might have talked to the transferring authority and may have taken his permission (written or oral) to not relieve you early, or may even have requested for the cancellation of the transfer order citing some reasons, including the administrative exigencies. It may be advisable to make a written representation to the head of office as well as to the transferring authority and you may also inform them about the hardships being faced by you due to the uncertainty. You may also seek a personal appointment with the transferring authority to personally apprise him of your difficulties. If you are seriously aggrieved, you may even consider approaching the appropriate court or tribunal (such as Central Administrative Tribunal, if you are a central government servant); however, please note that courts and tribunals will generally not interfere in the transfer matters.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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