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.
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