GO.100-LIFTING OF BAN-EMPLOYEES TRANSFERS

G.O.Ms.No100  Dated: 22.04.2013-Transfers and postings of employees 2013 – Lifting of ban on transfers –Instructions/guidelines - Orders
Read the Transfers Guidelines for 2013:
 The Government after careful consideration hereby relaxes the ban on transfers subject to the following conditions.
      i) The relaxation of ban is valid only for the period from 25th April, 2013 to 15th May, 2013.
      ii) The relaxation of ban applies to School Education and Higher Education Departments also and the detailed guidelines for transfer of Teachers / Lecturers will be issued by the School Education / Higher Education Departments separately. These guidelines should be in consonance with the guidelines in this G.O.
     All the transfers have to be effected by the competent authorities as per the existing orders on delegation subject to the existing Government orders and conditions prescribed herein. The competent authority shall submit the transfer proposals to the next higher authority where transfers are on administrative grounds, who will not approve the transfers unless absolutely necessary and after recording reasons for accepting the proposals (such transfers should also be within the ceiling prescribed herein).
      iv) The competent authority as defined shall complete the transfers, as per the dates indicated at para 2 (i) above. The Head of the Department concerned is responsible for the implementation of the transfer orders. In any case, the employee would be deemed to have been relieved at the end of 7 days of the receipt of the transfer order. Any violation of this condition shall be viewed seriously by the Government.
    v) All transfers other than the transfers for administrative reasons shall be done by counseling. Counseling will be conducted by asking all the employees seeking transfer will be asked for three preferences and accommodating to the extent possible. When more than one employee opts for a particular place, preference shall be given to the employee who has put in longest service in a particular station, subject to that the employee not having any charges pending against him/her.
     vi) The employees who are retiring before 15th May, 2014 shall not be transferred. The standing instructions on the transfers of Office Bearers of recognized employees unions as issued in Circular Memo No.26135/Ser. Welfare/2002-1 of G.A. (Services) Department, dt.19.6.2002 shall be followed scrupulously.
      vii) No person shall be transferred before completion of two years of service in a particular station as on 24th April, 2013 and no person shall be retained beyond 5 years of service in a particular station. However, not more than 20% of the employees in any cadre will be transferred. This is to ensure that there is no dislocation of work. Service in all cadres at a station will be counted while calculating period of stay. While effecting the transfers, the Competent authority shall give priority as given below, subject to satisfaction of other condition specified in this G.O.
a. Long standing employee downwards.
b. Employee working in “hardship areas”.
c. Employees with outstanding record on request.
d. Employees with disabilities of 40% or more as certified by a competent authority as per “Persons with Disabilities (P.W.D) (Equal opportunities, protection of rights and full participation) Act, 1995.
e. Husband and Wife cases (Only one of the spouses shall be shifted following the prescribed procedure).
f. Employees having mentally retarded children to a place where medical facilities are available.
g. Cases of compassionate appointment.
h. Medical grounds for the diseases (either self or spouse or dependent children and dependent parents) of Cancer, Heart Operations, Neurosurgery, Bone TB, Kidney transplantation to places where such facilities are available.
     viii) If the employees who have put in more than 2 years of service, constitute more than 20% of the total strength, the employees who have put in longer service at a particular station shall be transferred without exceeding the overall ceiling of 20%.
     ix) The transfers shall be effected from focal to non-focal, non-focal to non-focal or from non-focal to focal posts only. In no case, persons shall be transferred from one focal post to another focal post. The focal and non-focal post shall be as defined by the department concerned.
    x) The provisions of G.O.Ms.No.610, G.A.(SPF-A) Dept, dt.30.12.1985 will be strictly adhered to and the ratios prescribed maintained. 
    xi) The existing instructions on posting of second level and higher level Gazetted Officers to their native districts shall be followed.
    xii) Employees shall invariably be transferred from their existing location on promotion, unless no such posts exist at a different location.
    xiii) All the transfers effected by following the procedure where employees indicated preference for stations shall be treated as request transfers for the purpose of sanction of T.T.A. and other transfer benefits.
    xiv) The competent authority shall be personally responsible for compliance with the guidelines prescribed above and any deviation from the guidelines herein shall be viewed seriously. The officer immediately superior to competent authority shall ensure that all the transfers are as per the existing government orders and are kept at barest minimum.
    xv) The transfer policy should be an effective tool in capacity building with departmental employees getting  a variety of experience within the department, thus becoming more fit to hold higher responsibilities.
    xvi) Transfers on compassionate and personal grounds have been misused from time to time. Once transfers are effected, the Head of the Department will verify the truthfulness of the grounds in a few test cases and report to Government if necessary, to curb misuse.
    xvii) No relaxation proposal will be entertained by any department for a period of six months commencing from 16th May, 2013. Thereafter, Secretaries will review department wise, quarterly, the number of relaxations given within their departments and submit the same to Chief Secretary / Chief Minister for information.
    xviii) Station means place (City, Town, Village) of actual working for the purpose of transfers and not office or institution.

3. It is also ordered that the revenue earning departments viz. 1) Commercial Taxes Department, 2) Prohibition & Excise Department and 3) Stamps & Registration Departments shall follow the separate guidelines issued in the G.O second read above. The Transport Department and Forest Department shall make the general transfers as per the guidelines issued in G.O.Ms.No.147, TR&B (Ser.IV) Dept, dt.12.06.2007 and G.O.Ms.No.81, EFS&T (For.V) Dept, dt.8.7.2008 respectively. 

4. The ban on transfers will come into force with effect from 16th May, 2013 and necessary orders to that effect will be issued at appropriate time.