Guidelines for Transfer (Rotational / Rule 38 / Rule 37 ) to regulate transfer of Group ‘C’ officials, Group ‘B’ (non-gazetted) officials and Assistant Superintendent of Posts (Group ‘B’ Gazetted)

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

F. No. 141-141/2013-SPB-II 

Government of India 

Ministry of Communications 

Department of Posts Personnel Division

 Dak Bhawan, Sansad Marg, 

New Delhi – 110001 

Dated: – 17 January, 2019

To,

All Chief Postmasters Generals

Subject : Guidelines for transfer to regulate transfers of Group ‘C’ officials, Group ‘B’ (non-Gazetted) officials and Assistant Superintendent of Posts (Group ‘B’ Gazetted).

Sir/Madam,

I am directed to forward herewith the revised ‘Guidelines for Transfer to regulate transfer of Group ‘C’ officials, Group ‘B’ (non-gazetted) officials and Assistant Superintendent of Posts (Group ‘B’ Gazetted).

2. These guidelines will supersede earlier guidelines circulated vide communication no. 141-141/2013-SPB-II dated 31.07.2018 and will come into force with immediate effect.

3. These guidelines are being uploaded in the India Post Employees Corner Website for the information and guidance of all concerned.

4. Hindi version will follow.

F. No. 141-141/2013-SPB-II Guidelines for Transfer

1. Applicability: -These guidelines shall be applicable to the following: –

i. Group ‘C’ officials

ii. Group ‘B’ (non-gazetted) officials

iii. Assistant Superintendent of Posts (Group ‘B’ Gazetted)

2. Transfer under Rule 37 of Postal Manual Volume IV: –

Notwithstanding anything contained in these guidelines an official is liable to be transferred to any part of India unless it is expressly ordered otherwise for any particular class or classes of officials.

Provided that Postmen, Village Postman and MTS should not, except for very special reasons to be recorded in writing, be transferred from one Division to another.

3. Transfer at one’s own request under Rule 38 of Postal Manual Volume IV: –

A. General Conditions: –

(i) As a general rule, an official shall not be transferred from one unit to another, either within the same Circle, or to another Circle unless he has completed probation period satisfactorily.

(ii) Transfer of an official when requested for own convenience, shall not be discouraged if they can be made without injury to the rights of others.

(iii) 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 shall not ordinarily be allowed except by way of mutual exchange. Transfers by way of mutual exchange, if in themselves inherently unobjectionable, shall be allowed. But in order to safeguard the rights of employees borne in the gradation lists of both the offices, the official brought in shall 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.

(iv) When an official is transferred at his own request but without arranging for mutual exchange, he shall rank junior in the gradation list of the new unit to all officials of that unit on the date on which the official joins the new unit.

(v) If 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.

(vi) An official transferred from one unit to another will be allowed to seek re- transfer to his/her old unit. However, such cases shall be considered as a fresh transfer case under Rule 38 subject to all other provisions of these guidelines.

(vii) To remove any doubt, it is clarified that an official on re-transfer to a unit from where he/she was transferred earlier shall not be entitled to the seniority or any other special privilege to which the official would have been entitled by virtue of his/her position in the gradation list of the old unit before such initial transfer. Seniority of such official will be determined in the manner provided in para

3(A)(iii), 3(A)(iv) & 3(A)(v) herein above. However, if an official who had appeared in a Departmental Examination before transfer under this rule, he/she will not forfeit the right of being considered for promotion in the old unit on the basis of such Examination, but, will not have any such right in the new unit. If an official qualifies in the Departmental Examination which he/she appeared in old unit, such official shall directly join the promoted post in the old unit and such appointment in the old unit shall not be treated as transfer under this rule.

(viii) Transfer under Rule 38 shall be permitted only against similar type/categories vacancy i.e. Direct Recruit shall be transferred against Direct Recruitment vacancy and promotee against a promotion vacancy. Further Unreserved (UR) candidate shall be transferred against UR vacancy, OBC candidate against OBC vacancy, SC candidate against SC vacancy and ST candidate against ST vacancy.

[Explanation: SC/ST/OBC candidate recruited against UR vacancy shall be considered as SC/ST/OBC for transfer under Rule 38.]

(ix) 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 shall not be allowed.

(x) Only such official who have completed probation or put in minimum service of 2 years in the grade where there is no probation period shall be eligible for transfer under Rule 38:

Provided that the condition of 2 years or probation period shall not be applicable for Persons with Disabilities (PwD): Provided further that the condition of 2 years or probation period shall not be applicable if employee/his or her spouse/fully dependent children are suffering from Terminal illness. Transfer case of such officials shall be referred to Directorate with due recommendation of CPMSG concerned supported by relevant documents. It shall be open to the Directorate to seek second medical opinion of the appropriate authority