Transfer Policy Guidelines – Clarifications

I am directed to refer to Directorate’s communications number 141-141/2013-SPN-II dated 17.01.2019 vide which revised “Guide Lines for Transfer” was circulated to all Postal Circles. References were received from various Postal Circles/Service Associations pointing out some difficulties and seeking clarifications. The references have been examined and clarified as under:

Sl. No.	Issue raised	Clarifications
1.	Directorate’s instructions no. 141-260/91-SPB-II dated 21.01.1992 regarding intra-divisional transfer under Rule-38 from one Sub Division to another within the same divisions still applicable of not.	Transfer Policy Guidelines dated 17.01.2019 was issued in supersession of ll earlier guidelines in the matter. As such, instructions dated 21.01.1992 is not applicable as on date. Further , as per Para 3(B) (I) (ii), CPMG is the competent authority to approve intra-Circle transfer.
2.	Transfer under Rule-38 of Postal Assistant of Foreign Post to Postal Division shall be considered or not	As per the transfer policy guidelines, transfer from one distinct cadre to another is not allowed. Postal Assistant& Sorting Assistant in Foreign Post Office and Postal Assistant working in Postal Division/Posts Offices are two different cadres. Therefore, a Postal Assistant working in FPO cannot be transferred to Postal Divisions.
3.	Pending Rule-38 cases till 2018 will also be maintained in the Form-2 & Form-3 as per length of service of the official or as per date of receipt of these applications.	As clarified vide Directorates letter number X-12/1/2019-SPN-II dated 27.06.2019 at Sl No. 6, such applications shall be treated as to be received between 1st April to 30th June and shall be recorded in Form2 (Inward Register) & Form-3 (Outward Register) as per length of the service.
4.	The condition of 2 years or probation period should not be applied on GDS who are appointed as Postman.	The eligibility  condition of 2 year or probation period shall also be applied to Postman who were earlier GDS.
5.	Rotational Transfer  of PA (SBCO) within the clusters of the Region (inter cluster or intra cluster) may be approved by the DPS/PMG of the concerned Region.	Regional Head shall be the competent authority to approve rotational transfer of SBCO officials within a Region.
6.	Category of SC/ST/OBC candidates for the purpose of transfer under Rule-38 either one way or mutual exchange,	SC/ST/OBC candidates selected against UR vacancy may be treated as UR for the purpose of transfer only, whether by arrangement of mutual exchange or otherwise. For all other aspects, including promotions , such candidates will remain their status of reserved category and will get the benefit of reservation as applicable.

Yours faithfully,

                       Sd/-

(Muthuraman C)

Assistant Director General(SPN)

Guidelines for transfer to regulate transfers of Group 'C' officials, Group 'B' (non-gazetted) officials and Assistant Superintendent of Posts (Group 'B' Gazetted)

Directorate Letter No. r41-14112013-spB-II dated 17.01 .2019


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Review of 'Transfer Policy' circulated by Directorate vide letter No.141-141/2013-SPB-II dated 31.01.2014-invitation of suggestion/comments.

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DOPT issues order to frame Transfer Policy for all Cadres in Central Government

DOPT envisages Rational Transfer Policy for all Cadres in Central Government Departments and identification sensitive Posts

No.11013/10/2013-Estt.A
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated 2nd July, 2015

OFFICE MEMORANDUM

Subject: Framing a Transfer Policy in all cadres-regarding

The undersigned is directed to refer to the OMs of even number dated 13th June, 2014, and 31 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 Service is available 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.

(Mukesh Chaturvedi)
Director

See also: Transfer Policy for Gp A, B & C: DoPT’s instructions for formulation of committee as per Supreme Court guidelines

ANNEXURE

Salient Features of Draft RTP for CSS available at www.persmin.nic.in

• Aims to harmonize divergent objectives of institutional memory, avoid developing vested interests, exposure to different organizations and aspects of working for overall growth of an officer.
• Draft finalised after publishing on the website and inviting suggestions
• Prescribes fixed tenure in a Ministry/ Department for different grades
• Reduced tenure by one year for certain specified regulatory Ministries/ Departments
• Prescribes how posting will be made on promotion / rotational transfer
• Provides for grouping of Ministries/Departments viz. group A and B
• Group -A generally regulatory Ministries. Group B generally economic and infrastructure Ministries.
• Transfer from A to B or from B to A. However, transfer from A to A, i.e., regulatory to regulatory is also allowed in some cases.

On promotion

• Posted out if served in the same Ministry/ Department for a period exceeding the prescribed tenure for the promotion post.
• Retained in the same Ministry/Department if within two years of superannuation if a vacancy exists
• Retained on personal upgradation if within six months of superannuation.

Rotational Transfer

• Posting out on completion of the prescribed tenure however officers within two years of superannuation and officers likely to be promoted within one year are notrotated.
• Officers working in PMO, Cabinet Secretariat, Office of Solicitor General & Attorney General, Addl. Solicitor General are exempted. They are to be transferred only after consulting these offices, keeping in view the willingness of the officer concerned.
• Surrender of officers on any ground not to be allowed. in case of surrender nosubstitute to be provided for a year.
• On return from deputation, long leave/ long term training, posted back to the same Ministry/ Department if at least one year tenure is available in the Ministry/ Department subject to availability of a vacancy for the remaining tenure.
• Leave/ training exceeding six months treated as long term.
• Posting in a Ministry/ Department permissible where he earlier served subject to the condition that there is a gap of period which is equal to tenure prescribed for the post.

Preference for posting

• On the basis of seniority cum preferences
• List of officers and available vacancies to be published on website in advance
• Three preferences for posting
• Posting on promotion/transfer to be recommended by a Placement Committee and its recommendations approved by the Competent Authority.

Outstation postings

• SO and Assistant level: Ministry! Department concerned will fill up the post from its officers by circulation of the vacancy. In case of non-availability DoPT will circulate the post and select from the applicants. Seven year tenure in outstation postings.

US and above level posts

• DoPT will circulate invite applications. Selection for outstation posting posting profile of the officer/ his family circumstances requiring posting to the particular station etc. Five year tenure in outstation posting.

• Mutual Transfer Request for mutual transfer of officers on completion of half of the tenure to be considered subject to conditions.

• Request Transfer SO/ Assistants on completion of five year tenure in a Ministry/ Department may request for transfer. Such transfers restricted to Group A Ministries / Departments and on transfer fresh tenure will start.

• Substitute to be posted if leave vacancy exceeding six months

• Posting of differently abled officers considered on case-to-case basis.

• Cut-off date for calculating the period of residency is 1st July of the year.

• Rotation under RTP undertaken once in a year grade wise and phase wise. A time schedule has been prescribe as to the time in a year when rotation shall be carried out in a particular grade.

• Promotion/ transfer orders to be issued on the last working day of the weekand the officer concerned stands relieved immediately and to join the allocated Ministry/ Department on the first working day of the next week.

• Relaxation to the policy only on recommendations of a Committee of senior officers and approved by MoS (PP). Speaking order to be issued for transparency.

Comments on Transfer Policy, 2011 for officers of Indian Postal Service, Group “A” – reg.

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Transfer policy for IPos Gr. A from JTS to SAG.

Directorate vide their No. 4-9/2011-SPG dated 0th April 2011 has prescribed new guidelines to regulate the Transfers/Postings/Deputation in the cadre of IPoS Gr. A (JTS,STS, JAG and SAG Grades). The policy guidelines issued by Direcorate will be applicable to all direct recruits of the Indian Postal Service and promoted officers / officers qualifying the Gr. B examination and having a mininum of 2 years of residual service.

To view the full text of the said Directorate letter, Click here.