Wednesday, March 12, 2014

Transfer Rulings

Written By Admin on March 11, 2014 | Tuesday, March 11, 2014

(i) Transfers of officials when desired for their own convenience should not be discouraged if they can be made without injury to the rights of others. However, as a general rule, an official should not be transferred from one unit to another, either within the same Circle, or to another Circle unless he has completed probation period satisfactorily As it is not possible to accommodate an official borne on one gradation list into another gradation list without injury to the other members in that gradation list such transfers should not ordinarily be allowed except by way of mutual exchange. Transfers by way of mutual exchange, if in themselves inherently unobjectionable, should be allowed. But in order to safeguard the rights of employees borne in the gradation lists of both the offices, the official brought in should take the place, in the new gradation list; that would have been assigned to him had he been originally recruited in that unit or the place vacated by the official with whom he exchanges appointment, whichever is the lower.

(!l) When an official is transferred at 
his own request but without 
arranging for mutual exchange, he 
will rank junior in the gradation list 
of the new unit to all officials of that 
unit on the date on which the 
transfer order is issued,including 
also all persons who have been 
approved for appointment to that 
grades as on that date. 

(iii) lf the old and the new unit 
form parts of a wider unit for the 
purpose of promotion to a higher
cadre, the transferee (whether by 
mutual exchange or otherwise) will 
retain his original seniority in the 
gradation list of the wider unit. 

(iv) An official transferred from one 
unit to another will not have go any 
claim ie back to his old unit. A 
declaration to the effect that he 
accepts the seniority in the new 
Unit on transfer under Rule 38 and 
that. he will not have any claim to 
go back to the old unit, should be 
obtained before an official is 
transferred under this rule. Any 
special privilege to which an official 
may be entitled by virtue of his 
position in the gradation list of the 
unit from which he is transferred 
will, ordinarily, be forfeited on his 
transfer to a new gradation list.

(v) Rule 38 transfers may be 
permitted on the basis of declared 
vacancy r.e. direct recruit may be
transferred against direct 
recruitment vacancy and promotee 
against a promotion vacancy. Further 
OC candidate should be transferred 
against OC vacancy, SC candidate 
against SC vacancy and ST candidate 
against ST vacancy. 

(vi) Under Rule 38, inter-Circle and 
intra-Circle transfer from one 
distinct cadre to another viz. Post 
Offices to Circle Office, Regional 
Office, SBCO, Postal Assistant to 
Sorting Assistant etc. or vice versa is 
not allowed.

(vii) Only such officials who have put 
in minimum service of five years in 
the case of direct recruits in the 
cadre in question and three years in 
the case of surplus qualified officials 
wherever applicable would be 
eligible for transfer under Rule 38. 
Any relaxation in this regard should 
be matter of rarest exception. 
Transfer of officials who have not yet 
cleared the probation period should 
be permitted in deserving cases 
only.

(viii) Under the existing instructions, 
Heads of Circles i.e. CPMsG are fully 
empowered to permit such transfers 
with the approval of CPMG of the 
other Circle, where the transfer is 
sought. In such cases where the 
prescribed conditions are met the 
approval of the Directorate's would 
not be necessary.

(ix) As and when the applications 
are received for such transfers, it 
should be recorded in the register, 
which will serve as priority list to be 
operated as and when vacancy (ies) 
arise.

(x) Under Rule 38, an official will be 
allowed to seek transfer only twice 
during his entire service.

No comments:

Post a Comment