Dear Sir,
No employee has an absolute right to get transferred to the place of his / her choice / convenience. It is the choice of an employer (Government of India) to transfer an employee at any transferable place as per the administrative requirements. In this background, your queries are answered as under:-
1. No employee has an absolute right to get transferred to the place of his / her choice / convenience. However, in case of any physical disability / handicap, an employee can claim transfer at a nearby place in terms of the Government of India Guidelines for transfer.
2. Probation period cannot be extended solely on the ground that the employee had availed maternity leaves. The probation period is extended as per the clauses contained in the appointment letter or the applicable Rules.
3. There is no such thing like “Child Care Leave” in the Indian legal system. There is a provision for Maternity Leave whereafter the employee is expected to report for duty.
4. An employee does not have an absolute right to get transferred to her desired place but, however, an employee has a right to request for her transfer at a nearby place and Central Government, being a model employer, can always consider the request keeping in view the compelling circumstances.
5. Legal action, including civil suit for compensation on account of harassment / misguidance, can be taken against HR Manager and Director but, however, usually it is difficult to prove the same in the court of law on account of insufficient evidence and, therefore, Courts are usually not inclined to grant relief in such matters.
Hope the query stands satisfied. For any further clarification / query please call / contact the undersigned.
Thanks & regards,
Anuj Aggarwal, Adv.
483, Block – II, Lawyers Chamber,
Delhi High Court, New Delhi – 110003
Mob – [deleted]
Email – [deleted]