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

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No. X-12/6/2021-SPN-II (2)
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg
New Delhi – 110001
Dated: 11th February, 2022

To,

a) All Chief Postmaster General
b) Chief General Manager, PLI / Parcel / BD Directorate
c) Chief General Manager, CEPT / Director RAKNPA / Director of all PTCs
d) Addl. Director General, Army Postal Service
e) All General Manager (Finance) / Director Postal Accounts / DDAP

Subject: Cadre management of PA (RLO) and LSG(RLO) – reg.

Sir/Madam,

References have been received from Postal Circles regarding cadre management of Postal Assistants in Return Letter Office. It has been observed that different Circles are following different Recruitment Rules and also treating PA (RLO) as separate and distinct cadre due to which these cadre officials are unable to seek transfer under Rule – 38 and also there is no uniformity across Postal Circles.

2. The matter has been examined in the Directorate and it has been decided that Postal Assistant and LSG in Return Letter Office shall be treated as part of Postal Assistant (CO/RO) and LSG(CO/RO) cadre respectively. Accordingly, roster for reservation maintained at Circle Office for PA(CO/RO) / LSG(CO/RO) shall include the sanctioned posts of PA(RLO) / LSG(RLO) in the Circle.

3. Incumbents borne on the gradation of PA(RLO) and LSG(RLO) shall be interspaced in gradation list of PA(CO/RO) / LSG(CO/RO) of the Circle as per instructions on fixation of seniority issued by Department of Personnel and Training from time to time. This may be brought to the notice of all concerned for immediate compliance.

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

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No. X-12/6/2021-SPN-II(2)
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg
New Delhi – 110001
December 31st, 2021

To,

a) All Chief Postmaster General
b) Chief General Manager, PLI / Parcel / BD Directorate
c) Chief General Manager, CEPT / Director RAKNPA / Director of all PTCs
d) Addl. Director General Army Postal Service
e) All General Manager (Finance) / Director Postal Accounts / DDAP

Subject: Transfer Policy Guidelines dated 17.01.2019

Madam / Sir

I am directed to say that Para 3(C) of transfer policy guidelines, issued vide letter no. 141 -141 /2013-SPN-II dated 17.01.201 9, as amended from time to time, prescribes procedure / timeline for considering transfer requests under Rule 38 of Postal Manual Volume IV.

2. This procedure / timeline have been reviewed and revised procedure / timeline is enclosed at Appendix -I.

3. Above modifications may be brought to the notice of all concerned for timely implementation.

4. Director (SPN) will be the nodal officer for implementation of revised system who can be contacted at Tel no. 011 – 23096092 for any clarification. In Circles, the DPS(HQ) concerned will be the nodal officer.

Yours faithfully,

(Muthuraman C)
Assistant Director General (SPN)

APPENDIX – I

Procedure for Submission / Consideration of Transfer under Rule 38 or otherwise

Para-3(C) of Transfer Policy Guidelines, circulated vide communication No. 141- 14112013-SPB-II dated 17.01.2019, as amended from  time  to time, shall  be substituted by the following:

1. An application for Inter-Circle / Intra-Circle transfer under Rule 38 in Form – I duly signed by the official shall be submitted to the Head of the Division / Unit where the official is posted. Advance copy of request shall not be sent to the Authority where transfer is sought.
2. Application (PDF format) can be submitted through eMail also. All Divisions / Units shall give wide publicity of official email id of the Division / Unit where an official can send request for transfer under Rule-38.
3. Submission of Application and Order of Priority :-
   1. An official who fulfills the stipulated conditions as circulated from time to time for transfer under Rule-38, may apply at any time as per his convenience in the manner provided above. The system of submitting applications during the specified window is dispensed with.
   2. Date and time of receipt of completed application in the Division / Unit shall be the reference point for determining the order of priority of all such applications.
   3. In case of tie in date and time of receipt of application date of joining in the present cadre shall be considered for deciding order of priority. If still there is a tie, date of birth shall be considered for deciding order of priority.
   4. Applications received during a month shall be arranged cadre-wise, as per date and time of receipt.
   5. However, application received from (i) officials with benchmark disability (ii) officials appointed under compassionate grounds and (iii) official / dependant family members suffering from terminal illness in this order shall be placed at the top of the list of the requests received during a month irrespective of date on which such request was received. Among such applicants, date and time of receipt of applications shall be the base to decide priority and in case of tie, the procedure mentioned in (c) and (d) above will be followed.
   6. Applications received from officials who do not fulfill the eligibility criteria as on the date of application shall be rejected outright.
4. Divisional Cadre officials including Postal Assistant of Postal Division and Sorting Assistant of RMS Divisions may give choice of a maximum of ten (10) Divisions / Units of one Circle in order of preference. In such cases transfer will be considered for any one of the indicated Divisions / Units in order of preference and if she/he is not  accommodated in the requested  Divisions  / Units,  she/he  will  be  kept  under waiting list for consideration subsequently.
5. In case of Circle cadre officials like PA(CO/RO), PA(SBCO), Inspector Posts, ASP, etc.  will indicate only name of the Circle where transfer is sought.
6. If an official, who is already on waiting list based on previous request, submits a fresh application / revised application then she/ he  will forfeit her/his seniority based on previous requests and such fresh / revised application shall be considered afresh.
7. Divisional  Cadre official  whose transfer request is already on the waiting  list at the time of coming into  force  of these  revised  guidelines, may  submit revised  request indicating preference  for 10 Divisions of the same Circle within one (l) month from the date of coming into force of these revised  guidelines and in such case, the official shall retain his original priority. [Change of Circle shall be treated as a fresh request. Requests received after the stipulated time period shall be treated as fresh requests.]
8. Part-II of Form – I shall be completed after verifying the service particulars of the official. Printout of the application in Form – I received in Division / Unit through eMail shall be taken, and Part-II shall be completed.
9. Application(s) received during a month and found completed in all respects shall be forwarded to the Head of Circle latest by 5th day of the following month  through eMail (in PDF Format). While forwarding the applications Division / Unit Head shall also forward   following statements:-
   1. List of officials seeking Intra-Circle Transfer
   2. List of Officials seeking Inter-Circle Transfer – arranged Circle-wise
   3. Vacancy Position in each grade [(i) Actual  vacancy in case of PA/SA, (ii) Category-wise and recruitment  mode-wise  vacancy  in  other cases.]
10. After receipt of list of applications from all Divisions / Units, Circle shall arrange the applications as provided in Point (iii) hereinabove to decide the Priority List for consideration of transfer.
11. Inter-Circle transfer requests shall be sent by the Circle by 10th of the month through eMail alongwith copy of relevant Form-I to Circle(s) concerned for preparation of Priority List in other Circle(s).
12. Priority List shall be prepared  in the following manner:-
    1. Two separate Priority Lists shall be prepared – one for Intra-Circle and another for Inter-Circle – for each cadre.
    2. Applications received during a month will be arranged in the manner provided in Point (iii) hereinabove and shall be added to the respective waiting list brought forward from previous month.  [This  process  shall  be  repeated  for  subsequent months where fresh requests shall be added below the requests in the Priority List for the previous month.]
13. Preparation of Priority List for the first time as per these revised guidelines:-
    1. Transfer requests considered during the year 2021 (where transfers would be effective only after 01.01.2022) should not be decided and transfer orders may not be issued. ln case, wherever transfer orders have been issued by any of the Circle, the same stands withdrawn / cancelled.
    2. Priority list prepared during year 2021 (including transfers approved and orders stands withdrawn as per para (a) above) shall be kept freezed in the same order of priority , which shall be split/prepared into two parts viz. Intra-Circle transfer priority list and Inter-Circle priority list.
    3. Thereafter, requests received after these new guidelines coming into force shall be added bel ow the respective starting Priority List as mentioned at (a) above.
14. Updation of Intra-Circle Priority List shall be completed by 10th of the month. Similarly, Preparation of Inter-Circle Priority List shall be completed by 20th of the month.
15. Assessment of vacancy for considering Transfer  Request:-
    1. Based on the information received from Division / Unit, as per Point-(ix)(c) above, and information available in the Circle Office Division / Unit – wise vacancy for each category / mode of appointment available for transfer shall be prepared by the Circle Office.
    2. Vacancy already reported to Staff Selection Commission for Direct Recruitment and vacancy notified / calculated for recruitment through examination conducted by the Department shall be excluded while deciding the available vacancy as at (a)above.
    3. Circle shall assess vacancy for recruitment year 2022, i.e. for the period 01.01.2022 to 31.12.2022 and distribute it amongst various modes of recruitment and with in each mode amongst various categories as prescribed. Vacancies thus arrived will be freezed for reporting for various modes of recruitment.
    4. As these vacancies are forecasted, the vacancies would not be available on O 1.0 l.2022, but will arise in subsequent months of year 2022. Hence, monthly cycle of transfer willl operate to cover foreseen as well as unforeseen vacancies arisen during preceding month.
    5. Vacancies freezed as mentioned in (c) above, shall be read ily available for reporting to SSC or notification of LGO examination by all Circle. However, Circle shall continue considering transfer against vacancies becoming available till preceding month. This process shall be repeated till vacancies of December, 2022 is taken into account for transfer purpose.
    6. After completing the activities mentioned above, Circle shall calculate vacancies that arose during year 2022 and remained unfilled even after considering all inward transfer requests. Since Inter-Circle transfer request shall be allowed for appointed officials only, at end of the recruitment year, there shall be change in vacancies for each of the Circle, but the vacancie in total for all Circles combined together  shall  not  undergo  any  change  (except  for  addition of unforeseen vacancies)
    7. Final vacancy figure a on 31.12.2022 shall be reported to Directorate by 15th January of next year as a final vacancy position which will not undergo any further change.
    8. Aforesaid procedure shall be repeated for each recruitment year.
16. After preparation of Intra-Circle Priority List, taking into consideration the vacancy position assessed as above, Circle shall release approved list of Intra-Circle transfer indicating the Division / Unit by 15th of the month.
17. After deciding the approved list of Intra-Circle transfer, Circle shall consider Inter­ Circle transfer requests. After taking into consideration the  vacancies  available accommodation report for officials who can be accommodated indicating the Division / Unit and  waiting list number in other cases shall  be communicated to Circle (s) concerned by 20th of the month.
18. After receipt of accommodation report from other Circle (s), Circle shall release approved list of Inter-Circle transfer indicating the Division / Unit of posting and communicate to all concerned by 25th of the month.
19. Officials  approved  for  both Intra-Circle  transfer  and  Inter-Circle  transfer,  shall  be relieved by 20th of the following month to join the new unit. In case any official approved for transfer is not relieved, reasons thereof and likely date of relieving may be communicated to Head of Circle. Thereafter, Circle Office shall inform concerned Circle / Division / Unit.
20. Relieving of the official shall not be denied solely on ground of shortage of staff if working strength of the cadre in the Division / Unit is not less than 66.66%. This shall be observed only while relieving the official on transfer and not while forwarding transfer request to Circle Office. However, Head of  Circle  shall  be  competent  to relieve an  official, whose request for transfer under Rule-38 (both inter-circle and intra-circle) has been approved, even  if the working strength of a Division / Unit is less than 66.66% of the sanctioned  strength, on case to case basis in very deserving cases only.
21. Requests of transfer under Rule 38 can be considered / approved by the competent authority even during the pendency of any vigilance case / disciplinary proceedings against an official. However, the controlling officer shall not relieve an official approved for transfer till disciplinary proceedings are concluded.
22. An official approved for transfer under Ru le-38 may submit a written request to the controlling officer to delay the relieving.  In such cases, a maxim um of 90 days may be allowed. [n case the official requests for more than 90 days, she . he shall forfeit the right to avail the approved transfer. However, such an official may submit fresh request.
23. All communications relating to transfer under Rule-38 shall be made through eMails so as to adhere to the stipulated timeline.
24. Approved list of transfer and waiting list (both Intra-Circle and Inter-Circle) shall be published  on the  website of Department of Posts as well as Circle concerned. These lists shall be updated  after every cycle of transfer, by last day of the month.
25. Illustration for carrying out different activities of Inward / Outward  transfer requests is enclosed.

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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: November 17, 2021

To,
All Chief Postmaster General

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

Madam / Sir,

Reference is invited to Directorate letter no. 141-141/2013-SPB-II dated 17.01.2019 on the above mentioned subject wherein revised ‘Guidelines for Transfer‘ was issued. Provisions related to transfer under Rule-38 of postal Manual Volume IV and Rotational transfer have been reviewed and the competent authority has approved the following:-

• i) only such officials who have completed one year of service shall be eligible for transfer under Rule-38,
  • Provided that the condition of one year shall not be applicable for employees appointed on compassionate ground, Persons with Disabilities and official or dependent family members with a terminal illness.
    [Para 3 (A) (x) of the guidelines referred to above stands modified accordingly]
• ii) Transfer of officials shall not be denied solely on the ground of shortage of staff where the working strength of the cadre in the concerned unit is 66.66% of sanctioned strength or more.
  [Para 3(C)(x) of the guidelines referred to above stands modified accordingly]
• iii) Under Rule 38, an official will be eligible for two Inter-Circle transfer and two Inter-Circle transfer during the entire service. However, a gap of 3 years shall be mandatory for availing of the same category of transfer for the second time, but no such gap will be required in case of applying for a different category of transfer.
  • Explanation: An official after availing Inter-Circle transfer shall not be eligible to apply for an Inter-Circle transfer before three years of gap. However, he/she may apply for Intra-Circle transfer immediately after availing Inter-Circletransfer.
    [Para 3(A)(xi) of the guidelines referred to above stands modified accordingly]
• iv) Postal Assistants appointed in GPO or Independent Class-l Head Post Offices shall be transferred on rotational transfer in phased manner with Postal Assistants of Postal Division where GPO/Class-I HO is geographically located. Transfer and placement committee for rotational transfer in such cases shall include the head of both the units concerned.

Note: One third of Postal Assistants of GPO / Class-I HO shall be rotated with PA of Division geographically located with GPO / Class I HO. It shall also be ensured that an equal number of PAs transferred out of GPO/Class-I HO is posted in GPO/Class-l HO, so that rotational transfer does not adversely impact the working strength of GPO/Class-l HO or Head Post Office. This exercise shall be repeated during rotational transfer every year so that the entire workforce of GPO/Class-l HO is rotated at an interval of every three years.

2. Relevant provisions of ‘Guidelines for Transfer’ issued vide letter dated 17.01.2019 cited above are rnodified to the extent mentioned above.
3. These shall come into force rvith immediate effect.

Yours faithfully,

(Muthuraman C)
Assistant Director General (SPN)

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New Delhi, the 12th February, 2019

OFFICE MEMORANDUM

Sub :- Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972 – Clarification regarding

The undersigned is directed to say that Rule 38 and Rule 49 of the Central Civil Services (Pension) Rules, 1972 have been amended vide Notification No. 21/1/2016-P&PW(F) dated 4th January, 2019 (copy enclosed). The proviso to the amended Rule 38 of the CCS(Pension) Rules provides that a Government servant_ who retires from service on account of any bodily or mental infirmity which permanently incapacitates him for the service before completing qualifying service of ten years, may also be granted invalid pension in accordance with sub-rule (2) of rule 49, subject to the conditions that the Government servant:

• (a) was examined by the appropriate medical authority either before his appointment or after his appointment to the service or post and was declared fit by that authority for Government sell/ice, and
• (b) fulfils all other conditions mentioned in this rule for grant of invalid pension.

In this connection, it is clarified that the condition of qualifying service of ten years for grant of pension under Rule 49(2) of the CCS (Pension) Rules, 1972 shall not be applicable in the case of a Government servant retiring on Invalid Pension on account of any bodily or mental infirmity, under Rule -A. Accordingly, Invalid Pension at the rate of 50% of emoluments or average emoluments, whichever is more beneficial, subject to a minimum of nine thousand rupees per mensem and maximum of one lakh twenty five thousand rupees per mensem, shall be payable to a Government servant who retires under Rule 38 of CCS (Pension) Rules, 1972 even before completing a qualifying service of ten years.

All Ministries/Departments are requested that the above clarification ma) be brought to the notice of Fiends of Department, Attached and Subordinate Offices, Controllers of Accounts. Pay & Accounts Offices. etc, under them.

Hindi version will follow,

(Harjit Singh)
Director

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