Guidelines to regulate transfer under Rule 38 of Group ‘C’ and Group ‘B’ Non-gazetted employees in Department of Posts

Transfer under provisions of Rule – 38

No. X-12/6/2021 -SPN-II
Government of India
Ministry of Communications
Department of Posts
(Personnel Division)

Dak Bhawan, Sansad Marg
New Delhi – 110 001
Dated: 03rd February, 2023

To,

All Chief Postmasters General.

Subject: Guidelines to regulate transfer under Rule-38 of Group ‘C’ and Group ‘B’ Non-gazetted employees in Department of Posts – reg.

Madam/Sir,

Reference is invited to Directorate letter no. 141-141/2013-SPN-II dated 17.01.2019 wherein consolidated guidelines on transfer was circulated. Para 3 of the said guidelines include provision for transfer under Rule – 38 of Postal Manual Volume IV.

2. These instructions have been reviewed from time to time introducing therein various change in process of handling request for transfer under Rule – 38. In wake of these changes, need is felt to consolidate instructions for transfer under Rule – 38 for information and guidance of all concerned.

3. These instructions shall supersede provisions contained in para 3 of letter no. 141-141/2013-SPN-II dated 17.01.2019 and all other instructions issued from time to time on the subject of transfer under Rule-38.

4. Revised instructions for transfer under Rule-38 of Postal Manual Volume -IV is enclosed herewith for information and circulation.

(Dileep Singh Sengar)
Assistant Director General (SPN)

Instructions for transfer under provisions of Rule – 38 of Postal Manual Volume IV

General Conditions: –

• As 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 one year of service.
• 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. Transfers shall be considered in following two ways:
  • a. Cases where an official seek transfer by providing mutual exchange
  • b. Cases where an official seek transfer without providing mutual exchange

• For transfer by providing mutual exchange, both employees should belong to same cadre, category (under which selected) and mode of recruitment. Further, in order to safeguard the right 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.

• 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.

• 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.

• An official who was transferred under provisions of Rule 37 shall not be eligible to seek transfer under Rule 38 for a period of three years. After completing three years’ period, such official can request for transfer under Rule 38 to any unit within or outside Postal Circle, subject to fulfillment of other conditions laid down for transfer under Rule 38.

• 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.

• 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 (iii), (iv) & (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.

• 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 STvacancy. For the purpose of observing category, it is clarified that category under which an official is selected, he will be considered for transfer under same category.
  
  [Explanation: SC/ST/OBC candidate recruited against UR vacancy shall be considered as UR for transfer under Rule 38.]
  
• Under Rule 38. inter-Circle and intra-Cirele transfer from one distinct cadre to another viz. Postal Assistant in Post Offices to Postal Assistant in CO/RO or Sorting Assistant and vice versa will not be allowed. However, MTS officials shall be eligible to seek transfer from one wing to another viz. Post Office to RMS, Circle Office, Regional Office. etc. (except Postal Account Office).
• Only such official who have completed minimum service of one year in the cadre / post presently held shall be eligible for transfer under Rule 38. However, condition of one year of service shall not be applicable for following categories:
  • (a) Employees selected against PwBD category or any official who has acquired disability during service career;
  • (b) Employees appointed on Compassionate grounds:
  • (c) Employee / his dependent family member suffering from Terminal illness (Employee need to submit certificate issued by Civil Surgeon of District certifying that the employee / dependent family member is suffering of Terminal illness, without which case of employee shall not be considered under this category).
• Under Rule 38, an official will be eligible for two Inter-Circle transfer and two Intra-Circle transfer during entire service. However, a gap of 3 years shall be mandatory for availing same category of transfer for the second time, but no such gap will be required in case of applying for different category of transfer.
  
  Explanation: An official after availing Inter-Circle transfer shall not be eligible to apply for Inter-Circle transfer before completing three years of service in new unit. However, he/she may apply for Intra-Circle transfer immediately after availing Inter-Circle transfer.
  
• One additional chance for transfer in both the categories, viz. Inter-Circle and Intra-Circle, will be allowed to Persons with Benchmark Disabilities (PwBD). Employee with disability who has been appointed without availing relaxed standard of merit for PwBD candidates or an employee, who suffered disability after initial employment, shall be allowed transfer as a PWBD candidate, subject to submission of appropriate certificate as per Government of India’s instructions in support of claim of Benchmark Disability.
• Provided that, female employee who has availed maximum admissible chances for transfer (Inter-Cirele / Intra-Circle) but want further transfer to join parental home after divorce will make request to CPMG concerned with all relevant supporting documents. In turn, CPMG shall forward such cases with due recommendations and DGPS shall be competent to allow additional chance of transfer to such employee on case-to-case basis. Once allowed by DGPS, CEPT will be informed to allow registration of transfer request by such employee on online transfer portal.
• Under provisions of transfer under Rule – 38, Divisional level employees viz. Postal Assistant (PO), Sorting Assistant, Postman, Mail Guard and MTS shall be eligible to opt for maximum of 10 Division / Unit in order of preference within a Postal Circle. Circle cadre official shall be eligible to request for only one Postal Circle.
• Employee can withdraw the request on online portal at any time. Further, employee has also been provided with opportunity to decline provisionally approved transfer on online portal within 72 hours of such allotment. After expiry of 72 hours timeline and issue of final transfer order, if an employee wish to cancel his approved transfer, he may do so and in such case, employee will deemed to have availed one chance of transfer.

Download Guidelines to regulate transfer under Rule-38 of Group ‘C’ and Group ‘B’ Non-gazetted employees in Department of Posts PDF