Transfer Under Rule 38 Against Vacancies Reported for Filling up Through Direct Recruitment

Considering transfer under Rule 38 against vacancies reported for filling up through Direct recruitment examination conducted by Staff Selection Commission

No. 12-l/20l9-SPN-II (Pt.)
Government of India
Ministry of Communications
Department of Posts
(Personnel Division)

Dak Bhawan, Sansad Marg
New Delhi – 110 001
Dated: 3rd June, 2019

To
All Chief Postmasters General – Postmasters General Chief General Manager, BD Directorate – Parcel Directorate – PLI Directorate Director, RAKNPA – GM, CEPT – Directors of all PTCs Addl. Director General, Army Postal Service, New Delhi Ali General Managers (Finance) – Directors Postal Accounts – DDAP

Subject: – Considering transfer under Rule 38 against vacancies reported for filling up through Direct recruitment examination conducted by Staff Selection Commission

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Sir/Madam.
I am directed to refer to Directorate’s communication of even number dated 12.04.2019 on the above mentioned subject vide which aII Postal Circles were requested to complete the one time exercise by 15.05.2019. It has now been decided to extend the timeline till 24.06.2019.

2. References are being received to clarify if the provisions of aforesaid letter dated 12.04.2019 are applicable to Inner circle transfer only and not for intra-circle (i.e. from one Division to another Division within same Circle). It is clarified that communication dated 12.04.2019 is equally applicable in cases of intra-circle transfers.

3. With regards to Point (iv) of Para 4 of letter dated 12.04.2019, it is further clarified that where recruitment is being done through SSC (i.e Direct recruitment of Inspector Posts / PA/SA / Stenographer Grade-II) change in vacancy position on account of transfer shall be communicated to the undersigned.

Yours faithfully,
sd/-
(Muthu Raman c)
Assistant Director General (SPN)

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Fixation of pay in case of employees who seek transfer to a lower post under FR 15(a)

No.12/1/2016-Estt(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated the 31st March, 2017

OFFICE MEMORANDUM

Subject : Fixation of pay in case of employees who seek transfer to a lower post under FR 15(a)- clarification regarding.

The undersigned is directed to refer to this Department’s OM No.16/4/2012-Pay-I dated 5th November, 2012 read with OM No.13/9/2009-Estt.(Pay-I) dated 21st October, 2009, whereby clarification was issued by this Department for fixation of pay in case of employees seeking transfer to lower posts under FR 15(a) subsequent to the implementation of the recommendations of 6th CPC and CCS(RP) Rules, 2008. It was clarified therein that in case of transfer of a Government servant to a lower Grade Pay under FR 15(a) on his/her own request w.e.f. 1.1.2006, the pay in the Pay Band will be fixed at the stage equal to the pay in Pay Band drawn by him/her prior to his/her appointment against the lower post. However, he/she will be granted the Grade Pay of lower post. Further, in all cases, he/she will continue to draw his/her increment(s) based on his pay in the Pay Band + Grade Pay (lower).

2. Consequent upon the implementation of 7th CPC Report and CCS(RP)Rules, 2016, the concept of new Pay Matrix has replaced the existing Pay Bands and Grade Pays system. Accordingly, in partial modification of this Department’s OMs dated 5th November, 2012 and 21st October, 2009 ibid: the method of pay fixation in respect of a Government Servant transferred to a lower post under FR 15(a) on his/her own request w.e.f 1.1.2016 will be as under:

‘In case of transfer to a lower Level of post in the Pay Matrix under FR 15(a) on his/her own request w.e.f. 1.1.2016, the pay of the Government Servant holding a post on regular basis will be fixed in the revised pay structure at the stage equal to the pay drawn by him/her in the higher Level of post held regularly. If no such stage is available, the pay will be fixed at the stage next below in the lower Level with respect to the pay drawn by him/her in the higher Level of post held regularly and the difference in the pay may be granted as personal pay to be absorbed in future Increment(s). If maximum of the vertical range of pay progression at the lower Level in which he/she is appointed, happens to be less than the pay drawn by him/her in the higher Level, his/her pay may be restricted to that maximum under FR 22(I)(a)(3).

3. All Ministries/Departments are requested to revise the Terms/Conditions of such transfer, if any, in line with para 2 above.

4. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller & Auditor General of India.

5. This order takes effect from 1.1.2016.

6. Hindi version will follow.

sd/-
(Pushpender Kumar)
Under Secretary to the Government of India

Authority: www.dopt.gov.in

Click to view the order

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RBE NO.158/2015

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(NG)I-2009/TR/7

New Delhi, dated 17.12.2015

The General Manager(P)s,
All Indian Raiiways & Production Units.
(As per standard list).

Sub: Periodical transfer of non-gazette Railway employees.

In terms of the extant policy, Railway employees holding sensitive posts including those’ who frequently come into contact with public and/or contractors/suppliers, are required to be transferred every four years. A comprehensive list identifying such posts was also prepared and circulated to the Railways. All the instructions issued by Board from time to time in this regard were consolidated at a glance and issued to Zonal RailWays & Production Units under Board’s letter of even number dated 03.04.2015(copy enclosed) for better implementation of this policy.

2. It has come to the notice that the above policy instructions/ guidelines Board are not being followed in letter and spirit by some of the file units it is Therefore, considered essential to re-iterate Board’s policy on Periodical/rotational Transfer for strict compliance in its true spirit.

(Arvind Kumar)
Executive Director Estt (N)
Railway Board

Click here to view the original order

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Key initiatives of the Department of Personnel & Training (DoPT)

YEAR ENDER 2015

The Department of Personnel and Training (DoPT) has taken various initiatives during the year 2015. These initiatives aim at working in the direction of larger public interest and to establish accountability and transparency.

In a landmark decision, the Government scrapped Interviews for recruitment to lower posts wherever it could be dispensed with. This was followed by the Minister of State for Personnel, Public Grievances and Pensions Dr. Jitendra Singh writing D.O. letters to Chief Ministers of all States in September to take the lead in carrying forward this initiative with respect to State Government jobs.

The discontinuation of interviews will not only be in larger public interest but would also offer a level playing field and benefit youth hailing from the lower socio-economic strata. Interviews will be dispensed with for all Group C and Group D posts which are now reclassified as Group C posts. Interview would also be discontinued for non-gazetted posts of Group B category. The process of doing away with interview for these posts will be completed by 31.12.2015. In those cases pertaining to non-gazetted Group B posts and Group C & D posts, where Recruitment Rules specify the process of selection which includes conduct of interview, the Ministries/authorities concerned will take necessary steps to carry out the requisite amendment to the Recruitment Rules immediately. Necessary directions have also been issued to the Staff Selection Commission in this regard.

In a big relief to the common people, the DoPT discontinued the practice of submission of affidavit by the family members of deceased Government employees for the appointment on Compassionate grounds. Now they are required to submit self-declaration at the time of applying for compassionate appointment. It will ensure fast process of compassionate appointment and help family members of deceased Government employee immensely.

For the first time in the history of the Indian Administrative Service (IAS), the Officers of 2013 batch of IAS were posted as Assistant Secretary in the Central Secretariat for a period of three months. Exposure to Central Government functioning will provide insight into policy formulation at the Centre to these officers. These officers left for their field posting with a macro picture of such policies which will help them in effective implementation of the schemes keeping citizen at the centre.

In another novel initiative, the DoPT has started Yoga camps for the Central Government employees and their dependents. The Yoga training sessions are conducted in 29 locations (26 Samaj Sadans of Grih Kalyan Kendra and 3 other places) in Delhi and 12 Samaj Sadans of Grih Kalyan Kendra outside Delhi. Approximately 1900 individuals are benefiting from this scheme per day. With this initiative, the employees would be able to de-stress themselves and also take control over various lifestyle diseases like obesity, hypertension, Hyperglycemias etc. The healthy & happy employees would be able to perform more effectively in their office work.

The Department has also started an innovative scheme for the training of the cutting edge level employees of the State Governments. In the first phase, masters trainers are being trained by the ATIs in collaboration with DoPT. These trainers will impart training to the field level employees. Emphasis of the training will be on citizen centricity. Pilot projects had been started in Maharashtra, J&K and Tamil Nadu. It has now been extended in other States. Training will bring an attitudinal change in these employees which in turn will result in increased citizen friendly environment in the field offices.

DOPT also exempted the parents of differently abled children from the mandatory transfers so that they can take proper care of their differently abled child. This move will ease the pain of these parents and ensure care and upbringing of these children.

A weekly one hour in-house training programme for its employees was started. Three modules of the training programme have been completed and the fourth module is currently running. The employees are imparted up-to-date information on various aspects of day to day work in the office. This gives an opportunity to the employees to clear their doubts and the input given in the session is found very useful for them in discharging their duty more accurately, efficiently and effectively. This has speeded up the rate of disposal of work and the ultimate beneficiary of the same are the citizens.

The scheme of interaction of Officers with School Students has been launched in which the Officers of Government of India visit Schools and share their experiences with the School Students. As a pilot, the Senior Officers of DoPT have visited Kendriya Vidyalayas in Delhi and interacted with the students. The interaction of Senior Officers with School Students will have a long lasting impact on their impressionable minds. They will also get a glimpse of the functioning of the Government.

Source: PIB News

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G.I., Dept. of Per. & Trg., O.M.No.11013/10/2013-Estt.A, dated 2.7.2015

Subject: Framing a Transfer Policy in all cadres – regarding

The undersigned is directed to refer to the OMs of even number dated 13thJune, 2014, and 3 July, 2015 wherein all the Ministries/Departments were requested to (i) prescribe Minimum Tenure, (ii) set up a mechanism akin to Civil Services Board for recommending transfer, and (iii) place in public domain the transfer policy.

2. The Rotational Transfer Policy should aim to harmonise objectives of institutional memory, avoid development of vested interests, and provide exposure to the employees of working in different organisations, inter alia ensuring overall growth of an officer. The Transfer Policy should
provide for both a minimum as well as maximum tenure. Any transfer before completing the minimum prescribed tenure or stay beyond the maximum tenure should be with the approval of the Committee constituted for the purpose, for reasons to be recorded in writing.

3. The draft Rotational Transfer Policy for the Central Secretariat ServiceNavailable on the website of Department of Personnel and Training at www.persmin.nic.in (Annexure). It lays down guidelines on tenures, postings on promotion, posting on return from leave/deputation, outstation
postings, mutual transfers etc. Appropriate provisions on these aspects may be made in the Rotational Transfer Policy in each cadre that will best serve public interest.

4. In addition, instructions of Central Vigilance Commission in the Circular No. 03/09/13 (No.004/VGL/090/225553 dated 11.9.2013) reiterate that sensitive posts should be identified and staff working in these posts strictly rotated after every two/three years to avoid developing vested interests. The OMs of this Department also lay down guidelines on postings of spouse at the same station, and postings of disabled Government servants/ parents of disabled children.

4. The Ministries/Departments/Cadre Authorities may communicate action taken report on the following latest by 10.7.2015, (i) framing of Rotational Transfer Policy and putting up in public domain(ii) Identification of sensitive posts (iii) rotation of officers from sensitive posts in true spirit of the provision.

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