Hello, respected all.
I am raising a challenging discussion as below:
A management-grade employee is transferred to a non-core area of the marketing department. The CPSE employee challenges the same in HC against the purpose of appointment but fails to get relief as per HC judgments. Please note the order of incidence:
1. The transfer order dated 10-10-13 from the core area department to the non-core area department of marketing reporting to GM-Marketing.
2. The CPSE employee didn't report to the transferred location but went to HC seeking relief from 10-10-13 to 25-12-13, almost 75 days.
3. Based on HC orders, the employee reports on duty on 26-12-13, with medical leaves and medical fitments.
4. The medical leaves are approved and sanctioned by GM-HRD on 26-12-13. (As per the transferred order dated 10-10-13, the employee's reporting officer is GM-Marketing, not GM-HRD.)
5. Based on leave sanctioned by GM-HRD, a salary slip and salary are made. (The salary slip does not mention designation and department, though the leaves are sanctioned by GM-HRD but deemed to be in the HRD department.)
6. CPSE is forced to join and report to the marketing department on 1-01-14 without a fresh transfer order as of 1-01-14.
The employee's argument is that as per the transfer order dated 10-10-13, the employee's reporting department is marketing and the reporting authority is GM-Marketing; hence, the leaves sanctioning authority from 10-10-13 should be GM-Marketing, not GM-HRD.
During the period from the transfer order dated 10-10-13 to 26-12-13, the employee was in the HRD department, as per the leave sanctioning authority, i.e., GM-HRD, and overruled the transfer order dated 10-10-13 by the default act of GM-HRD.
Before CPSE forces the employee to join the marketing department and report to GM-Marketing, the HRD department failed to issue a new transfer order as of 1-01-14, instead forced the employee to join the marketing department based on the previous transfer order dated 10-10-13.
Since the employee didn't join duty based on the transfer order dated 10-10-13, they were eligible for notice; however, it was superseded based on the HC order.
Based on the leave sanction and salary payment authority, the employee was in the HRD department, not the marketing department.
Is CPSE forcing the employee to join and work in the marketing department from 1-01-14 until today considered a slavery act by CPSE without a valid transfer order?
Is it a crime against the employee?
Whatever happened to the employee in the marketing department from 1-01-14 until today regarding work, salary, promotion, and leaves sanctioned by the marketing HOD is null and void?
FINALLY, IS THE TRANSFER ORDER DATED 10-10-13 ILLEGAL, AFTER LEAVES WERE SANCTIONED BY THE HRD DEPARTMENT AND SALARY WAS PAID FROM THE HRD DEPARTMENT?
In what way can the employee get relief in a legal forum, and can they take for granted that the transfer order dated 10-10-13 is null and void, considering CPSE illegally forced them to slog in the marketing department from 1-01-14 until now?
From India, Bangalore
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I am raising a challenging discussion as below:
A management-grade employee is transferred to a non-core area of the marketing department. The CPSE employee challenges the same in HC against the purpose of appointment but fails to get relief as per HC judgments. Please note the order of incidence:
1. The transfer order dated 10-10-13 from the core area department to the non-core area department of marketing reporting to GM-Marketing.
2. The CPSE employee didn't report to the transferred location but went to HC seeking relief from 10-10-13 to 25-12-13, almost 75 days.
3. Based on HC orders, the employee reports on duty on 26-12-13, with medical leaves and medical fitments.
4. The medical leaves are approved and sanctioned by GM-HRD on 26-12-13. (As per the transferred order dated 10-10-13, the employee's reporting officer is GM-Marketing, not GM-HRD.)
5. Based on leave sanctioned by GM-HRD, a salary slip and salary are made. (The salary slip does not mention designation and department, though the leaves are sanctioned by GM-HRD but deemed to be in the HRD department.)
6. CPSE is forced to join and report to the marketing department on 1-01-14 without a fresh transfer order as of 1-01-14.
The employee's argument is that as per the transfer order dated 10-10-13, the employee's reporting department is marketing and the reporting authority is GM-Marketing; hence, the leaves sanctioning authority from 10-10-13 should be GM-Marketing, not GM-HRD.
During the period from the transfer order dated 10-10-13 to 26-12-13, the employee was in the HRD department, as per the leave sanctioning authority, i.e., GM-HRD, and overruled the transfer order dated 10-10-13 by the default act of GM-HRD.
Before CPSE forces the employee to join the marketing department and report to GM-Marketing, the HRD department failed to issue a new transfer order as of 1-01-14, instead forced the employee to join the marketing department based on the previous transfer order dated 10-10-13.
Since the employee didn't join duty based on the transfer order dated 10-10-13, they were eligible for notice; however, it was superseded based on the HC order.
Based on the leave sanction and salary payment authority, the employee was in the HRD department, not the marketing department.
Is CPSE forcing the employee to join and work in the marketing department from 1-01-14 until today considered a slavery act by CPSE without a valid transfer order?
Is it a crime against the employee?
Whatever happened to the employee in the marketing department from 1-01-14 until today regarding work, salary, promotion, and leaves sanctioned by the marketing HOD is null and void?
FINALLY, IS THE TRANSFER ORDER DATED 10-10-13 ILLEGAL, AFTER LEAVES WERE SANCTIONED BY THE HRD DEPARTMENT AND SALARY WAS PAID FROM THE HRD DEPARTMENT?
In what way can the employee get relief in a legal forum, and can they take for granted that the transfer order dated 10-10-13 is null and void, considering CPSE illegally forced them to slog in the marketing department from 1-01-14 until now?
From India, Bangalore
Acknowledge(0)Amend(0)
A management-grade employee is transferred to a non-core area of the marketing department. The CPSE employee challenges the transfer in the HC against the purpose of the appointment but fails to get relief as per HC judgments. Please note the order of incidence.
1. The transfer order dated 10-10-13 is from the core area department to the non-core area department of marketing reporting to GM-Marketing.
2. The CPSE employee doesn't report to the transferred location but goes to HC seeking relief from 10-10-13 to 25-12-13, almost 75 days.
3. Based on HC orders, the employee reports for duty on 26-12-13, with medical leaves and medical fitments.
4. The medical leaves are approved and sanctioned by GM-HRD on 26-12-13. (As per the transfer order dated 10-10-13, the employee's reporting officer is GM-Marketing, not GM-HRD.)
5. Based on the leave sanctioned by GM-HRD, a salary slip and salary are issued. (The salary slip does not mention designation and department, though the leaves are sanctioned by GM-HRD but deemed to be from the HRD department.)
6. CPSE forces the employee to join and report to the marketing department on 1-01-14 without a fresh transfer order. As of 1-01-14?
The employee argues that as per the transfer order dated 10-10-13, the employee's reporting department is marketing, and the reporting authority is GM-Marketing. Hence, the leave sanctioning authority from 10-10-13 should be GM-Marketing, not GM-HRD.
The period from the transfer order dated 10-10-13 to 26-12-13, the employee was in the HRD department. As per the leave sanctioning authority, i.e., GM-HRD, the transfer order dated 10-10-13 is overruled by default due to the actions of GM-HRD.
Before CPSE forces the employee to join the marketing department and report to GM-Marketing, the HRD department fails to issue a new transfer order as of 1-01-14, instead, forcing the employee to join the marketing department based on the previous transfer order dated 10-10-14.
Since the employee didn't join duty based on the transfer order dated 10-10-13, notice eligibility arises, but this is superseded based on the HC order.
Based on the leave sanction and salary payment authority, the employee was in the HRD department, not the marketing department.
CPSE forcing the employee to join and work in the marketing department from 1-01-14 onwards is a form of slavery by CPSE without a valid transfer order.
It is a crime against the employee.
Whatever happened to the employee in the marketing department from 1-01-14 onwards regarding work, salary, promotion, and leaves sanctioned by the marketing HOD is null and void.
FINALLY, THE TRANSFER ORDER DATED 10-10-13 IS ILLEGAL, AFTER LEAVES SANCTIONED BY THE HRD DEPARTMENT AND SALARY PAYMENT FROM THE HRD DEPARTMENT?
In what way can the employee seek relief in a legal forum and can they consider the transfer order dated 10-10-13 null and void, as CPSE illegally forced them to work in the marketing department from 1-01-14 onwards?
From India, Bangalore
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1. The transfer order dated 10-10-13 is from the core area department to the non-core area department of marketing reporting to GM-Marketing.
2. The CPSE employee doesn't report to the transferred location but goes to HC seeking relief from 10-10-13 to 25-12-13, almost 75 days.
3. Based on HC orders, the employee reports for duty on 26-12-13, with medical leaves and medical fitments.
4. The medical leaves are approved and sanctioned by GM-HRD on 26-12-13. (As per the transfer order dated 10-10-13, the employee's reporting officer is GM-Marketing, not GM-HRD.)
5. Based on the leave sanctioned by GM-HRD, a salary slip and salary are issued. (The salary slip does not mention designation and department, though the leaves are sanctioned by GM-HRD but deemed to be from the HRD department.)
6. CPSE forces the employee to join and report to the marketing department on 1-01-14 without a fresh transfer order. As of 1-01-14?
The employee argues that as per the transfer order dated 10-10-13, the employee's reporting department is marketing, and the reporting authority is GM-Marketing. Hence, the leave sanctioning authority from 10-10-13 should be GM-Marketing, not GM-HRD.
The period from the transfer order dated 10-10-13 to 26-12-13, the employee was in the HRD department. As per the leave sanctioning authority, i.e., GM-HRD, the transfer order dated 10-10-13 is overruled by default due to the actions of GM-HRD.
Before CPSE forces the employee to join the marketing department and report to GM-Marketing, the HRD department fails to issue a new transfer order as of 1-01-14, instead, forcing the employee to join the marketing department based on the previous transfer order dated 10-10-14.
Since the employee didn't join duty based on the transfer order dated 10-10-13, notice eligibility arises, but this is superseded based on the HC order.
Based on the leave sanction and salary payment authority, the employee was in the HRD department, not the marketing department.
CPSE forcing the employee to join and work in the marketing department from 1-01-14 onwards is a form of slavery by CPSE without a valid transfer order.
It is a crime against the employee.
Whatever happened to the employee in the marketing department from 1-01-14 onwards regarding work, salary, promotion, and leaves sanctioned by the marketing HOD is null and void.
FINALLY, THE TRANSFER ORDER DATED 10-10-13 IS ILLEGAL, AFTER LEAVES SANCTIONED BY THE HRD DEPARTMENT AND SALARY PAYMENT FROM THE HRD DEPARTMENT?
In what way can the employee seek relief in a legal forum and can they consider the transfer order dated 10-10-13 null and void, as CPSE illegally forced them to work in the marketing department from 1-01-14 onwards?
From India, Bangalore
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WARNING LETTER and TRANSFER ORDER.doc
HR-Policy-036 - Employee Transfer Policy - 11-10-2013.pdf