Monday, February 24, 2014

Transfer Rulings

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 uniil 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 ano 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 onlv twice during his entire service.

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