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  1. Ritesh Ranjan
  2. Labour Laws
  3. Tuesday, November 28 2017, 07:26 PM
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Respected Sir/Madam,
1. I am a central Govt. employee with having 14 + years of service.
2. Please ref. to Department of Expenditure, Ministry of Finance, Govt. of India Office Memorandum No. No.20014/3/83-E.IV Dated 14th December, 1983 (please note full version is available online) which states (only relevant portion reproduced under quote) "Sub: Allowances and facilities for civilian employees of the Central
Government service in the States and Union Territories of
North-Eastern Region – improvements thereof.
3. Also, through an RTI reply my department has admitted that it follows this as it's Transfer Policy for it's employees posted at NE Region (Shillong). However, they on question of my transfer they informed me that only after a new incumbent selected through an on-going selection process they will grant me Choice Posting.
4. Now, keeping the "fixed tenure" cited in excerpt above in view, I have already completed about 08 years of posting at Shillong NE Region.
5. I wish to appeal against the non-action over my transfer.
6. In this regard, you are requested to KINDLY PROVIDE ME JUDGMENTS FROM THE HON'BLE HIGH COURT/S or THE HON'BLE SUPREME COURT OF INDIA wherein THEY HAVE ORDERED THE GOVERNMENT DEPARTMENT TO GRANT Choice Posting TO A CENTRAL GOVERNMENT EMPLOYEE who HAS COMPLETED FIXED TENURE POSTING OF 02/03 YEARS AT the North Eastern Region.
I shall pay to the positive contributors besides remaining grateful to you.

Thanking you,
Yours faithfully,
Ritesh Ranjan
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Dear Ritesh ranjan,

Neither reading between the lines, nor court judgments may help you in any way. It seems you have not read the letter properly, which states, "may be considered for posting to a station of their choice AS FAR AS POSSIBLE." The whole gamut rests on these four words, "as far as possible.' Further, your department can also not be compelled to abide by any court judgment, other than in your own case. Any judgment does not bear a universal application, unless ordered specific ally by the court of law and that too by issue of orders by the DOPT or MOF in accordance with such judgment.

Even if you decide to file any case against the department, by that you would by yourself be giving independence to your department to reject your case for years together on the plea of the case being sub judice till your case is not finally decided in your support, which cannot be guaranteed. Even if your department intentionally postpones fresh recruitment, the court cannot also direct your department to make recruitment just to accommodate your request for choice station.

However, solutions are always there, but if one takes some action prudently and in a very systematic manner, not in a rash manner. So, if liked, you may send your complete case history through email along with scanned copy of your initial selection/appointment order for detailed examination in order to arrive at some workable guidelines for further course of action by you. You can send details at: 1962dcg@gmail.com
.
Please CLICK on Link 'ACCEPT AS ANSWER' if you like my response

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