Regarding transfer on spouse ground in Central govt

[Mukul Bansal]

My wife works in Central Board of Excise and Customs as tax assistant. She completed her probation period of two years in April 2018. She works in Mumbai.

I work in Regional rural Bank (State Bank of India) in Punjab. My job is non- transferable. Also we have 21 months old daughter. My parents are looking after her. They are senior citizens.

Her department is reluctant to transfer her on spouse ground. My question is how can this matter be solved??

[Dr. Ashok Dhamija]

Please see my reply on a similar question (Husband and wife posted at different stations both being government servants) which discusses the provisions of the relevant Office Memorandum of the DOPT on the issue of posting husband wife at the same station to the extent possible. You may also see the Office Memorandum F. NO. 28034/9/2009-Estt.(A) dated the 30th September, 2009 by the Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training).

Now, if the concerned authorities are not transferring in accordance with the above policy, the remedy available would be to challenge the refusal to such transfer in the Central Administrative Tribunal (CAT), and then to the High Court and Supreme Court, if needed.

     

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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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