Transfer Order - unmarried women staying with my parents Transfer Order - unmarried women staying with my parents

8 months ago

I have given transfer order on 19.07.2023 mentioning transfer to Bangalore (which around 1300 km away from my place) from 24.07.2023. I have been working under same organisation since last 11 years. it is a private organization have various branches PAN India

I am unmarried women staying with my parents who is senior citizens. My father currently also suffering from health issues. I have given transfer order on 19.07.2023 mentioning transfer to Bangalore (which around 1300 km away from my place) from 24.07.2023. I have been working under same organisation since last 11 years. it is a private organization have various branches PAN India

I am unmarried women staying with my parents who is senior citizens. My father currently also suffering from health issues.

My appointment letter mentioned it is transferable job and can be transferred to any where in India however is also mentioned female staff members would be posted in nearest major cities if suitable posting is not available to them in existing or nearby major cities if suitable posting is not available to them.Also I am suffering from medical issue.

I made request to HRD for reconsideration of my transfer however they didnt accepted it. thenafter I wrote the same letter to our managing director and chairman, MD has declined the request however Chairman has not replied yet.

Currently I am on leave my boss has approved that leave.

My question is

1) can i resign from the job mentioning reason of transfer 2) if yes whether i need attend 90 days notice period on the new place of transfer or old place 3) I have still 100 days of sick leave credit in my account can i utilize said the leave before resignation 4) can employer decline for the usage of said leave 4) what are other remedies available to me.

Anik

Responded 8 months ago

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A.Dear client,
In accordance with the provisions of your offer letter, you may give your resignation. Since the transfer order was approved in your favour, you must serve a notice term at your new posting; but, if the management is understanding of your difficulties, you may complete the notice period there. Before submitting your resignation, you may use any accrued sick time if there is a legitimate reason. However, the management may reject your request if there is a leave encashment option available or if there is no valid justification for the sick time.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
In the prevailing situation, before taking any ultimate decision regarding your career, you may represent your plight arising out of a transfer order before the management through the registered employee's unions, like Bank Employees Federation of India (BEFI), ALL INDIA BANK EMPLOYEES ASSOCIATION, Indian National Bank Employees Federation etc for getting a suitable resolution in the matter. So far your queries are concerned, it is to inform you that you can tender your resignation following the terms of your offer letter. Since the Order of transfer is released in your favour you need to serve a notice period in your new place of posting, however, you may serve the notice period in your existing place if the management allows considering your hardship. You can utilize your accumulated sick leave on the ground of authentic reason before tendering your resignation, the management can decline the long sick if there is a provision of leave encashment and in the absence of a cogent reason behind the sick leave.
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