transfer to very very hard station
4 years ago
based on guidelines transfer to Very Hard station (VHS) though DCs (Displacement counts) of person at 5th stn is more than me.
D1 DCs called 10 pt or more with 5 yr of stay & D2 DCs called 10 or more with 10 or more yr of stay.
List of Hard (H)/Very Hard station (VH). Emplye completed 3 & 2 yr at H/VH getting chance to tfr. at their choice place. Employee of age up to 40 years shall be tfrd at VH/H.
Employee posted at H hv filled 5 choice stn. A B C D & E in his tfr request. Employee posted at A & B having less DCs, C - 10 DCs & fall in D1, D - 14 DCs fall in D2 and E 30 DCs fall in D2 with stay of 15 yr.
I am at D, F, 47 yr, completed 3 yr at H Stn. again tfrd to VH stn. Rep. submitted for cancellation on:
Completed 3 yr at H Stn.
P 8 of guidelines - employee who hv not completed 1 tenure at H/VH stn. can be tfrd whose age is below 40 yr as on 30.6.19.
1.The person at C having displaceable points D-1 as 10.
2.In case of tfr is made based on the priority stn, in such situation person at C should be displaced first.
3.In case tfr is based on more DCs then person at E having 30 DCs should be displaced instead of me.
Relived fm present place, in absentia & person posted has joined. No reply received in 8 days, QA filed at CAT. CAT gave direction to decide repn. in 30 days, till then no coercive action for non-joining at new place.
Next day of order of CAT received order rejecting repn.by common order of 50 employees. CAT order might be received by them.
Filed repn. to modify tfr & tfr me at “No taker” vacancy. Reply awaited.
Not intd to go at VH stn, it is 998 km far fm home town. No direct route & naxalide area.
On medical leave.
Please clarify:
Will original order can be cancelled vide which tfrd to VH. What relief I will ge.
Rejection order not speaking & mechanically passed, Not considered points of my 1st representation, will it be challenged & what relief I may get fm CAT.
How much time will take by CAT to decide this issue.
Till decision from the CAT will I may get leave salary & leave will not be deducted if get relief.
I may challenge order after joining VH stn, if yes how, what precaution is to be taken at the time of joining VH station & what relief I may get.
Based on 2nd representation. if employer modify my tfr then also can I challenge order rejection my Ist repn. Without giving reasons to my observations, what relief I may get.
Whether It will be possible that I may join Very hard station first and then challenge order to avoid loss of salary and leave.
What will be your overall recommendation in this matter. Whether I should go for QA in continuation to QA filed earlier.
Suggest name of the lawyer who is reasonable and handle this case to my satisfaction.
Your opinion should reasoned, supported of law and case law, if any, so as to make ground in Original application of CAT. What will be the possible relief I may get based on your experience from the CAT.