(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.
Thanks to Mr. Arun Kumar Mishra
