transfer??

Articleship 1789 views 24 replies

Hey frns my principal wants me to take transfer coz i joined the office a week late.

can i get transfer. if not then i have one reason to take transfer. he has not paid me stipend since 6 months, can this be a justifiable ground to take transfer.

If yes what proof shall i submit to institute.... mean pass book or something else.... I demanded him my stipent 3-4 times but he use to say we will talk abt it latter coz he is busy................ but he just never paid attention to it

 

Replies (24)

Dear Priyanka

  You can take Transfer. Your principal have to fill Form 120 giving reason for transfer and in your justification you can say that my principal is not paying monthly stipend the resposibilty of proving that he is paying stipendl;ies on the pricipal.

hi, how r u trnsafer is now restricted. on selected ground u can take transfer. transfer proceedure is now so lenthy. it will take processing time which is 2  or 3 month..now transfer is depends on icai decision. why the way same condition is here.

 

thank u sudhir....... i want to ask u 1 more thing....... the inst help desk told me that i will have to take permission 1st, if inst. is satisfied then it will allow me..........this process takes 1 month (means their reply). m afraid will my principal wait 4 this long.

yaa but there r two conditions for it.

hi bhargavi will u plz explain me briefly.

What are the two condition for transfer

in 1 of the high court judgements it was said that stipend means payment on monthly basis. 1 CA was even penalised when his article proved that he was not made monthly payments of stipends though he was paid lumpsum of six months.

so what u guys say.......... will institute grant me permission if is raise stipend issue???????

 

 

plz guys do naswer m despirately waiting 4 ur replies............. coz u can help me take right decision.......

Well Priyanka,

yes, u would succeed in this case. As per the latest announcement for transfer this is considred as genuine result for your transfer.What u have to do is that lodge a complaint in the institute in tha article section. A  handwritten applicationor I guess, one printed form is coming...that u can seek help from Inst staff.fill it up & regarding proof,it would be gr8 if u get thephotocopy of passbook of your principal's a/c . However even if u dont, then also nothing to worry as it is ur principal's responsibility to prove the contrary.BUt b4 u proceed, I wud advise u that u also have an audio or video proof of that.U can one more time ask for ur stipend saying that u have not been paid since last 6 months & whatever his reply, just record it through camera or cell.This is just 4 ur safety purpose. Even if he decides to pay u now, then also u r still eligible to take rtansfer as its a kind of professional misconduct.

hope it helps.

All the best.

Please frnds assist me.......

I am working in a small firm & want to swich over to another Firm.I m left wid my 10 Months Articleship.As per earlier ICAI's notification transfer is not allowed in last 12 months of the articleship period.So pls let me know whether i can swich over to a new firm on secondment basis?

 

 Hi Friends,

I started my articleship on 21st August 2007 and continued under the same as article assistant till 25th October 2008. After that because of some family and health problems i was unable to continue my articleship. Now it is around 255-260 days continues leave. I want to take termination from the Principal and want to join under another. i would like to get the following questions answered,

Can i proceed my studies?

If i can, how the leave will be treated?

How many leaves an article can take?

What is the procedure for applying leave for few more months?

How can i  transfer my articleship?

Registered under PCC.....If any of u know, please let me know the answer to the above as soon as possible.

Best Regards,

Vidya

hi priyanka..u may give a request letter to CA institute against ur employer....m damn sure u ll get relief from ur employer through CA institute..

Hello Bharati,

As u r aware the inst has baaned transfer during 12 months. However, u CAN opt for secondment & have a better exposure in your career interests. U r also eligible fot Industrial Training.....However, if u opt for articleship on secondment basis, its my personal advice that pls.....pls...pls...check out that the firm & new principal are genuinely & undoubtedly good. Before joining anynew firm, it is always better to take opinions & views of other articled assistants who r already working in that firm, especially abt boss;s nature & working exposure.

Hope it helps..

regards,

Lucky

Hello Vidya,

Yes, U can very well start ur studies afresh.Regarding treatment of  your leave it depends on u & ur principal. If u want to count it as leave during ur continuation of ur articleship, then u can provided ur principal agrees to it. Or otherwise, he wud tell u to discontinue from the day u had stopped working. In any case, ur aricleship wud be extended by 266 days...I would advise u to discontinue wef 28 october,2008, so that u can take transfer in another firm as a student who discontinues articleship due to some genuine reasons, are allowed to restart their articleship....(& also if any problem raised by inst or ur principal, u can always show that u wanna take transfer on medical grounds_)An article assistant is allowed to take leave as 1/6 of the ACTUAL PERIOD SERVED.In an overall basis, it can not exceed 180 days during ur articleship period.. If u want to take study leave for few more months, then u have to give  15 days advance written application...

Wish u all the best for ur future.

Regards,

Lucky.

 


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