How can I take a stay on a transfer order due to medical reasons?
Hello, I have been employed at a Central Government organization for past 30 years and have been transferred multiple times and I've accepted all the transfers given to me with due diligence. Now I'm aged 57 years 6 months and have been again given a transfer order to A place with minimal medical facilities for a heart patient with severe heart illness and without continuous observation may lead to heart attack,Where I'm getting transferred is a rural area,Please help how can I stop my transfer.
In case of health problems, challenge your transfer by formally applying to have the order of transfer reviewed in regard to your health condition. Study transfer rules that will allow an exception when a serious hardship occurs and even include those who experience such hardships regarding their health condition. Attach medical documents proving your heart condition and citing why medical facilities are not appropriate at the new place. You can either write to higher authorities regarding your grievances or contemplate lawsuits under Article 226, drawing a case for a right to an undisturbed work area.
You can file a formal representation to your department pointing out your medical condition and the lack of proper medical facilities at the new place. You can refer to transfer policies that allow exemptions based on extreme hardship or health risks for people with severe medical conditions. Besides this, file a writ petition under Articles 226/227 in the High Court, bringing in the point that your health is in danger and your safety at work may be at stake because of this transfer.
Sir, you can present your medical that you are not fit to be transferred to such area with limited medical facilities and if still nothing works out, submit a writ of mandamus challenging the transfer to the high court and submit a complaint with the administrative tribunal. For further legal assistance contact us on our helpline number.
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