I am working in a bank. Recently, I received a transfer order transferring me to another place. However, I am transferred from HO where I was working as a legal assistant to general banking in a branch. I am on leave now and want to avoid this transfer. My objection is not to the place but to my work profile change, which will alter my career in law to general banking as I was recruited through a special category. Management has refused to accept my stance on the change of profile for refusing the order and warned of disciplinary action. What is the way out? Please advise at the earliest.
Hamby
From India, Mumbai
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Hamby
From India, Mumbai
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A lot more clarity is needed. Were you recruited as a Legal Assistant or assigned to do legal work as an Assistant? What are the terms of your appointment, particularly regarding transfer to other functions? What is the organizational practice regarding such transfers.
But before making any critical comment on this matter, as a caveat, it is stated that transfers are a matter of administrative action, and it is necessary and desirable to have regular transfers. In areas like banking, it is necessary to provide wider exposure to the personnel, and non-transfers go against organizational interest. Unless there are malpractices or prejudice, generally, the transfers are not interfered with by the courts.
From India, Mumbai
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1656But before making any critical comment on this matter, as a caveat, it is stated that transfers are a matter of administrative action, and it is necessary and desirable to have regular transfers. In areas like banking, it is necessary to provide wider exposure to the personnel, and non-transfers go against organizational interest. Unless there are malpractices or prejudice, generally, the transfers are not interfered with by the courts.
From India, Mumbai
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Was recruited as a legal assistant. My objection to transfer was not due to a change of place of work but being placed at a branch where legal work is not available. However, the offer letter speaks about transfer to any branch or office but does not mention the work profile. Also, the minimum qualification for a general clerk is a degree, whereas a legal assistant requires a degree in law and is considered a special category.
Another question that comes to my mind is whether it is a valid lawful transfer because IBPS prohibits any recruitment to the general clerk position in public sector banks except through exams conducted by it for participating banks. Can anyone shed some light on this point?
Does this mean a qualified doctor or IT professional who is junior and working as an assistant can be posted at a branch as a cashier?
Currently, the bank does not have any approved documented transfer policy for legal assistants. Please reply at the earliest.
From India, Mumbai
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Another question that comes to my mind is whether it is a valid lawful transfer because IBPS prohibits any recruitment to the general clerk position in public sector banks except through exams conducted by it for participating banks. Can anyone shed some light on this point?
Does this mean a qualified doctor or IT professional who is junior and working as an assistant can be posted at a branch as a cashier?
Currently, the bank does not have any approved documented transfer policy for legal assistants. Please reply at the earliest.
From India, Mumbai
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Since you were recruited as a Legal Assistant, you would continue to be so. By way of transfer, the status as a Legal Assistant cannot be changed to a General Assistant. It is presumed that the cadre of Legal Assistant and General Assistant are separate and that the appointment order does not provide for inter-transfer between a Legal Assistant and a General Assistant. It is the prerogative of the employer to place any employee in any branch of its choice.
There is inadequate scope for the related work, which cannot be a valid argument against it. The details of the transfer policy have to be critically looked into to assess whether the provisions are being complied with. The restriction of recruitment through the Institute of Banking Personnel Selection (IBPS) cannot be a condition for the recruitments already done. Therefore, posting anyone as a General Assistant will not be rendered invalid for the reason that such a person was not recruited through the IBPS.
From India, Mumbai
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There is inadequate scope for the related work, which cannot be a valid argument against it. The details of the transfer policy have to be critically looked into to assess whether the provisions are being complied with. The restriction of recruitment through the Institute of Banking Personnel Selection (IBPS) cannot be a condition for the recruitments already done. Therefore, posting anyone as a General Assistant will not be rendered invalid for the reason that such a person was not recruited through the IBPS.
From India, Mumbai
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Will it make any difference if the cadre is the same? Also, one designation comes under the general category, and the other one under the special category. For the special category, the banks need not go through IBPS; they can advertise on their own. However, the exam may be conducted by IBPS upon request from the bank, or the bank may do it on its own if the numbers are small.
I have not understood what you mean by this: The restriction of recruitment through the Institute of Banking Personnel Selection (IBPS) cannot be a condition for the recruitments already done. So, posting anyone as a General Assistant will not be rendered invalid for the reason that such a person was not recruited through the IBPS. The bank recruited them as Legal Assistants requiring a minimum qualification as a degree in law. Now, they are being transferred frequently to general branch work where legal work is not available. Also, the period for which I have worked at the branch is double the period I have worked in the legal department. They recruited legal assistants directly because either they did not participate in the IBPS clerk exam due to some reason, or they were short of candidates even after participating. Is this type of recruitment legal as general?
Is there any restriction on deputation or posting special category assistants to general work, as it is now going on without any restriction?
From India, Mumbai
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I have not understood what you mean by this: The restriction of recruitment through the Institute of Banking Personnel Selection (IBPS) cannot be a condition for the recruitments already done. So, posting anyone as a General Assistant will not be rendered invalid for the reason that such a person was not recruited through the IBPS. The bank recruited them as Legal Assistants requiring a minimum qualification as a degree in law. Now, they are being transferred frequently to general branch work where legal work is not available. Also, the period for which I have worked at the branch is double the period I have worked in the legal department. They recruited legal assistants directly because either they did not participate in the IBPS clerk exam due to some reason, or they were short of candidates even after participating. Is this type of recruitment legal as general?
Is there any restriction on deputation or posting special category assistants to general work, as it is now going on without any restriction?
From India, Mumbai
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