KK!HR
Management Consultancy
Hamby
Legal

I am working in a bank. Recently received a transfer order transferring me to another place however i am transferred from HO where I was working as legal Asst to general banking in branch . I am on leave now and want to avoid this transfer. My objection is not to place but my work profile change which will change my career in law to general banking as I was recruited through special category. Management has refused to accept my stance on change of profile for refusing the order and warned disciplinary action what is the way out.
Please advise at the earliest
Hamby

From India, Mumbai
A lot more clarity is needed. Were you recruited as Legal Assistant or assigned to do legal work as an Asst. What are the terms of your appointment, particularly regarding transfer to other functions? What is the organisational practice regarding such transfers.
But before making any critical comment in 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-transfer goes against organisational interest. Unless there are malafides or prejudice, generally the transfers are not interfered by the courts.

From India, Mumbai
Was recruited as legal asst. My objection to transfer was not due to change of place of work but placed at branch where legal work is not available. However , offer letter speaks about transfer to any branch or office but does not speak about work profile . Also the minimum qualification for general clerk is a degree where as legal asst requires degree in law and is considered as special category,

Another question that comes to my mind is it a valid lawful transfer because IBPS prohibits any recruitment to general clerk position in public sector banks accept through exam conducted by it for participating banks. Can any one throw some light on this point.

Does this mean a qualified doctor or IT professional who is junior working as assistant can be posted at branch as cashier

At present bank does not have any approved documented transfer policy for legal asst

pl reply at the earliest

From India, Mumbai
Since you were recruited as Legal Assistant, you would continue to be so. By way of transfer the status as Legal Assistant cannot be changed to 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 Legal Assistant and 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 cannot be a valid argument against it. The details of transfer policy has to be critically looked into to assess as to whether the provisions are being complied. 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 General Assistant will not be rendered invalid for the reason that such a person was not recruited through the IBPS.
From India, Mumbai
will it make any difference if the cadre is same ? Also one designation comes under general category and the other one under special category. For special category the banks need not go to and through IBPS they can advertise on their own however the exam may be conducted by IBPS on request from bank or the bank may do on its own if the numbers are small.
Also I have not understood what do 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 General Assistant will not be rendered invalid for the reason that such a person was not recruited through the IBPS.
Bank recruited them as Legal Assistant requiring minimum qualification as degree in law and now
transferring them frequently to general branch work where legal work is not available also the period for which I have worked at branch double the period I have worked in legal Dpt.
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 on posting special category asst to general work as its now going on without any restriction.

From India, Mumbai
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