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

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

No. 12- 1/2019-SPN-II(Pt.)
Government of India
Ministry of Communications
Department of Posts
(Personnel Division)

DakBhawan, Sansad Marg
New Delhi – 110 001
Dated: 12th April, 2019

To
1 All Chief Postmasters General / Postmasters General

1. Chief General Manager, BD Directorate / Parcel Directorate / PLI Directorate
2. Director, RAKNPA / GM, CEPT / Directors of all PTCs
3. Addl. Director General, Army Postal Service, New Delhi
4. All 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.

Sir/Madam,
As per guidelines for transfer under Rule 38 of Postal Manual Volume-IV, vacancies left over after considering transfer cases are reported for filling up through Direct recruitment / LDCE. Moreover, transfer under Rule 38 is considered only against concerned mode of recruitment and category of an employee seeking transfer.

It is observed that Circles are not considering transfer requests against reported vacancies presumably for the reason that candidates in relevant category will be allocated on completion of examination process.

Examination process is a time consuming affair and the concerned unit has to wait for almost two (2) years for appointment of a candidate from the date of reporting of vacancies by Circles. Resultantly, inspite of availability of vacancies in a Circle, officials from other Circles seeking transfer are waiting for vacancy to arise in subsequent recruitment year.

Request for transfer under Rule 38 is made by an employee on personal grounds, primarily for joining their family who are away from their workplace.

The matter has been examined in detail and it has been decided as under:

a) Before consideration of transfer under Rule-38 as per the schedule for the year 2019, which will cover the vacancy to be occurred in 2020 recruitment year (01.01.2020 ta 31.12.2020), all applications pending till 31.03.2019 may be considered even if vacancy for Direct Recruitment through SSC/Examinations conducted by the Department has been reported/earmarked.

b) While considering the applications as at (a) above, the following shall be taken into consideration: –

• Transfer against vacancy reported or earmarked for Direct Recruitment through Staff Selection Commission (SSC) can be considered if the application was received prior to end of the recruitment year for which vacancy has been reported. [E.g. Applications received till 31.03.2018 can be considered only if relevant category of vacancy has been reported for 2017-18 recruitment year or subsequent recruitment years.] As on date, vacancy has been reported to SSC for (i) CGL 2017, (ii) CGL 2018, (iii) CHSL 2017, (ii) CHSL 2018 examinations.
• Transfer against vacancy earmarked for Limited Departmental Competitive Examination ODCE) / Competitive Examination limited to Gramin Dak Sevak (GDS) can be made only if the examination for relevant recruitment year is yet to be held by relevant Circle (s), i.e. in case of inter-Circle transfer, examination should not have been held in both Circles. Transfer against vacancy of a recruitment year can be considered only if the application was received prior to end of the relevant recruitment year as explained above.
• Guidelines circulated vide Directorate communication No.141-141/2013- SPB II dated 31.01.2014 shall be followed for vacancy available till 31.12.2018. Guidelines circulated vide Directorate Communication No. 141- 141/2013-SPB II dated 31.07.2018 shall be followed for vacancy available during 2019 recruitment year (01.01.2019 to 31.12.2019).
• Since transfer under Rule 38 is permissible against relevant category of vacancy, (“e.g. SC/ST/ OBC/UR candidate against SC/ST/ OBC/UR vacancy respectively), instructions issued by the Government for appropriate representation of SC/ST/OBC, etc. should be followed.
• An official belonging to a particular category in Circle-X can be transferred to CircIe-X only if Circle-Y has reported vacancy for that category in the relevant recruitment year and after approval of the transfer under Rule-38, relevant category of vacancy of Circle-Y will be transferred to Circle-X for allocation of relevant category of candidate. [E.g. An OBC candidate of Circle-X applied for transfer in July 2018 can be transferred to Circle-Y only if Circle-Y has reported OBC vacancy for 2018 or 2019 recruitment year. After approval of the transfer of the official under Rule-38, one (1) OBC category of vacancy will be reduced from the total number of OBC vacancy reported by Circle- Y and consequently one (t) OBC category of vacancy will be added to the total number of OBC vacancy reported by Circle-Y for allocation of candidate.]
• (vi) This will be a one time exercise to be completed by Circles by 15.05.2019. After completion of the exercise, Circles shall inform the details of inter Circle transfer made, category-wise, against vacancy reported for Direct Recruitment through SSC. For vacancy earmarked for examinations conducted by Directorate, revised vacancy status shall be communicated to DE Section of the Directorate. For examination conducted at Circle level, concerned Circle will take appropriate action.

Yours faithfully,
(Muthuraman C)
Assistant Director General (SPN)