CHANDIGARH, DEC 31
Haryana Government has framed a Draft Policy to regulate transfers of teaching and non-teaching staff of Government Colleges with effect from the year 2016-17. Therefore, all the Principal of Government Colleges of the State have been asked to send their suggestions, if any, in this regard within 15 days to the Director, Higher Education so that the policy can be finalised.
While stating this here today, a spokesman of the Higher Education Department said that all the transfers of teaching staff and non-teaching staff posted or to be posted in the Government colleges of the State would be made in accordance with the guidelines of the policy.
Haryana Government has framed a Draft Policy to regulate transfers of teaching and non-teaching staff of Government Colleges with effect from the year 2016-17. Therefore, all the Principal of Government Colleges of the State have been asked to send their suggestions, if any, in this regard within 15 days to the Director, Higher Education so that the policy can be finalised.
While stating this here today, a spokesman of the Higher Education Department said that all the transfers of teaching staff and non-teaching staff posted or to be posted in the Government colleges of the State would be made in accordance with the guidelines of the policy.
As per the guidelines, consecutive, normal tenure of an employee at any place of posting should be a minimum of three years. An employee would not be transferred even after three years in case his or her results have been 100 per cent during the last three years and if he or she wishes to continue in that college. However, further an employee who has completed tenure of three years would be eligible to seek transfer against vacancy or on mutual transfer basis. An employee who gives 100 per cent results for five years may seek posting of choice, on natural transfer basis, as well as otherwise.
He said that an employee can be transferred at any point of time after seeking prior orders of the State Government on administrative ground and public interest. However, specific administrative ground for which an employee is sought to be transferred would be cited. Usually, an administrative ground for transfer of an employee would be any specific complaint received through MPs, MLAs, Chairman or Sarpanch, Gram Panchayat and by stake holders such as parents. Students’ ipso factor would not be transferred subject to verification as per the chief Secretary policy. In case of teachers, transfers would be made in pending inquiry in cases of complaints, poor results, allegation of sexual harassment or professional misconduct whereas administrative exigency and complaints in case of employees. He said that failure to comply with the directions issued by the Directorate regarding maintenance of record relating to mid-term subject tests, students attendance and performance of the students in project or other important instructions issued from time to time. Misconduct, indiscipline, case of moral turpitude, conduct against decorum and propriety, he added.
The spokesman said that request of employee for their transfer to their preferred stations, that is, in five different government colleges, except the district where they are already posted would only be entertained subject to administrative exigencies or in case of 100 per cent result for five consecutive years and keeping in view the interest of college students. The only request would be made to the Directorate from December 1 to 15, and June 1 to l5 every year. The transfer order would be made by January 15 and July 15 each year. The request would be made only in the prescribed format. It would be mandatory to indicate five choices of stations. Any application with less than five stations or without being forwarded from the controlling authority would not be entertained. Any employee would make a request as per the Conduct Rules. The Government has identified 53 Government colleges as “Rural colleges”. The Government can transfer any Assistant Professor for fulfilling minimum rural service condition to these colleges at any stage even during the academic year to fill up the vacancies. If no such teacher is available or willing, then the Government can transfer any teacher to these colleges in accordance with the ‘Mandatory Rural Transfer Policy’ dated July 5, 2013 and consequently the issue of subject-wise period of mandatory rural service vide letter dated August 14, 2014.
He said that the required years of the service to be rendered in a rural college would be in accordance with the policy mentioned dated August 14, 2014. The break in period would be considered for award of senior scale or grade and thereafter the Selection scale. The Department is not bound to post an incumbent continuously in the same or other rural college for completion of required length of rural service as required for award of both the scales. In case an incumbent completes the prescribed period of rural posting, he or she may be transferred to other college and in such cases the limit of five years would not be applicable. An NCC (ANO) would be transferred from NCC Wing College only when there is another such trained officer or the replacement teacher is also similarly trained. Preferably, the NCC officer may be replaced by an NCC officer except on administrative grounds. It has also been noticed that CCL is being used as or tool by some teachers to get transferred from rural stations. Therefore, it has been decided that in case of teachers who proceed on CCL for more than 90 days, their lien would be shifted to the Headquarter and they would join at the same station, if vacancy is still there or at some other station which is rural, he added.
He said that on first appointment, the employees would give five choices of preferred districts and the department would try to accommodate them in order of inter-se-seniority. However, they would have to serve at the allocated rural station for at least three years. This would be subject to the condition that they would not make any request for transfer if they are accommodated except in case of extreme and rare hardship in one of their five preferred districts. The request for mutual transfer would also be submitted in the prescribed application proforma. However, such request would not be entertained in case both the applicants are posted at the stations within a radius of 25 km of each other. In case a transfer order is issued in violation of policy guidelines, the Additional Chief Secretary or Principal Secretary, Higher Education would be competent to rectify such transfer orders as are made in violation of the policy, if a representation is made by the affected employee within four weeks. It is reiterated that such representation should be received by the competent authority within four weeks from the concerned employee receiving his or her transfer orders and no representation would be entertained after the lapse of the stipulated period.
He said that transfer of an employee during the academic year disturbs studies of the students. The transfers therefore will be made only in the interregnum period between the semesters except on administrative ground or circumstances causing rare hardship to the applicant. Normally, no request may be entertained of an employee if he or she is single faculty in the concerned subject in that college. In case of new Government College, the department would try to accommodate persons from the nearby colleges till new posts are sanctioned. It has been found that a large number of regular incumbents have been posted against work load which is far beyond the sanctioned posts in a particular subject in a college. In no case posts more than 30 per cent of the sanctioned posts will be filled by a regular incumbent against workload in that particular subject in a Government college. If there are l0 sanctioned posts in a subject in a college in that case not more than 13 regular incumbents can be posted against workload.
The spokesman said that preferably female teachers should be posted in Girls' colleges and male teacher above the age of 50 years would be posted in Girls' Colleges. If available, female teachers would be preferred over male teachers. This would also be applicable to ministerial staff in girls’ colleges. In case of displacement or transfer of the following categories of Teachers, efforts would be made to adjust them within a radius of around 30 km from the desired place of posting in following order of preference. Blind (100%), Handicapped (70% or more), those suffering from serious ailments or diseases like cancer or whose wards are suffering from any chronic disease like Thelessemia. In case of medical ground, the certificates issued by All India Institute of Medical Sciences, New Delhi, PGI, Chandigarh and Medical college, Rohtak and an approved hospital as approved by the Haryana Government would only be considered. Also,efforts would be made to adjust War Widow, Legal Divorce, wives of the serving soldiers in Armed forces and paramilitary forces and unmarried female teacher with dependant parents. If either of the spouses is in service of the Haryana State Government, then efforts would be made to the post them as near as possible to the place of posting of the spouse. Preference would be given to those, both of whom are serving in the Education Department. In this matter, the order of preference would be followed in case of clash of choice for a particular college by more than one employee.
He said that those who are retiring in next one year, would not be transferred except on administrative exigency. Female teachers, immediately after their marriage, can apply for a one-time transfer which would be allowed as per vacancy available after relaxing the condition of minimum five years stay. Transfers of officers holding administrative offices such as Principals, Joint Directors and Deputy Directors would not be covered under this Policy. The Principals would also submit their applications in prescribed proforma for transfer to Directorate or to other place. The transfers of ministerial staff would be covered under this Policy, he added.
The spokesman said that no TA/DA would be given if the transfer is done at the request of employee himself or if he or she is being given choice posting. Transfer orders would be implemented within five working days after it is issued. DDOs would ensure relieving or joining of respective teachers within stipulated time. No salary can be drawn in case of non-compliance of transfer orders after stipulated period of one week. DDO would be personally held responsible for any neglect in this regard. In case of genuine hardship of rare cases to an employee, relaxation in policy can be made at the level of the Chief Minister, he added.
He said that an employee can be transferred at any point of time after seeking prior orders of the State Government on administrative ground and public interest. However, specific administrative ground for which an employee is sought to be transferred would be cited. Usually, an administrative ground for transfer of an employee would be any specific complaint received through MPs, MLAs, Chairman or Sarpanch, Gram Panchayat and by stake holders such as parents. Students’ ipso factor would not be transferred subject to verification as per the chief Secretary policy. In case of teachers, transfers would be made in pending inquiry in cases of complaints, poor results, allegation of sexual harassment or professional misconduct whereas administrative exigency and complaints in case of employees. He said that failure to comply with the directions issued by the Directorate regarding maintenance of record relating to mid-term subject tests, students attendance and performance of the students in project or other important instructions issued from time to time. Misconduct, indiscipline, case of moral turpitude, conduct against decorum and propriety, he added.
The spokesman said that request of employee for their transfer to their preferred stations, that is, in five different government colleges, except the district where they are already posted would only be entertained subject to administrative exigencies or in case of 100 per cent result for five consecutive years and keeping in view the interest of college students. The only request would be made to the Directorate from December 1 to 15, and June 1 to l5 every year. The transfer order would be made by January 15 and July 15 each year. The request would be made only in the prescribed format. It would be mandatory to indicate five choices of stations. Any application with less than five stations or without being forwarded from the controlling authority would not be entertained. Any employee would make a request as per the Conduct Rules. The Government has identified 53 Government colleges as “Rural colleges”. The Government can transfer any Assistant Professor for fulfilling minimum rural service condition to these colleges at any stage even during the academic year to fill up the vacancies. If no such teacher is available or willing, then the Government can transfer any teacher to these colleges in accordance with the ‘Mandatory Rural Transfer Policy’ dated July 5, 2013 and consequently the issue of subject-wise period of mandatory rural service vide letter dated August 14, 2014.
He said that the required years of the service to be rendered in a rural college would be in accordance with the policy mentioned dated August 14, 2014. The break in period would be considered for award of senior scale or grade and thereafter the Selection scale. The Department is not bound to post an incumbent continuously in the same or other rural college for completion of required length of rural service as required for award of both the scales. In case an incumbent completes the prescribed period of rural posting, he or she may be transferred to other college and in such cases the limit of five years would not be applicable. An NCC (ANO) would be transferred from NCC Wing College only when there is another such trained officer or the replacement teacher is also similarly trained. Preferably, the NCC officer may be replaced by an NCC officer except on administrative grounds. It has also been noticed that CCL is being used as or tool by some teachers to get transferred from rural stations. Therefore, it has been decided that in case of teachers who proceed on CCL for more than 90 days, their lien would be shifted to the Headquarter and they would join at the same station, if vacancy is still there or at some other station which is rural, he added.
He said that on first appointment, the employees would give five choices of preferred districts and the department would try to accommodate them in order of inter-se-seniority. However, they would have to serve at the allocated rural station for at least three years. This would be subject to the condition that they would not make any request for transfer if they are accommodated except in case of extreme and rare hardship in one of their five preferred districts. The request for mutual transfer would also be submitted in the prescribed application proforma. However, such request would not be entertained in case both the applicants are posted at the stations within a radius of 25 km of each other. In case a transfer order is issued in violation of policy guidelines, the Additional Chief Secretary or Principal Secretary, Higher Education would be competent to rectify such transfer orders as are made in violation of the policy, if a representation is made by the affected employee within four weeks. It is reiterated that such representation should be received by the competent authority within four weeks from the concerned employee receiving his or her transfer orders and no representation would be entertained after the lapse of the stipulated period.
He said that transfer of an employee during the academic year disturbs studies of the students. The transfers therefore will be made only in the interregnum period between the semesters except on administrative ground or circumstances causing rare hardship to the applicant. Normally, no request may be entertained of an employee if he or she is single faculty in the concerned subject in that college. In case of new Government College, the department would try to accommodate persons from the nearby colleges till new posts are sanctioned. It has been found that a large number of regular incumbents have been posted against work load which is far beyond the sanctioned posts in a particular subject in a college. In no case posts more than 30 per cent of the sanctioned posts will be filled by a regular incumbent against workload in that particular subject in a Government college. If there are l0 sanctioned posts in a subject in a college in that case not more than 13 regular incumbents can be posted against workload.
The spokesman said that preferably female teachers should be posted in Girls' colleges and male teacher above the age of 50 years would be posted in Girls' Colleges. If available, female teachers would be preferred over male teachers. This would also be applicable to ministerial staff in girls’ colleges. In case of displacement or transfer of the following categories of Teachers, efforts would be made to adjust them within a radius of around 30 km from the desired place of posting in following order of preference. Blind (100%), Handicapped (70% or more), those suffering from serious ailments or diseases like cancer or whose wards are suffering from any chronic disease like Thelessemia. In case of medical ground, the certificates issued by All India Institute of Medical Sciences, New Delhi, PGI, Chandigarh and Medical college, Rohtak and an approved hospital as approved by the Haryana Government would only be considered. Also,efforts would be made to adjust War Widow, Legal Divorce, wives of the serving soldiers in Armed forces and paramilitary forces and unmarried female teacher with dependant parents. If either of the spouses is in service of the Haryana State Government, then efforts would be made to the post them as near as possible to the place of posting of the spouse. Preference would be given to those, both of whom are serving in the Education Department. In this matter, the order of preference would be followed in case of clash of choice for a particular college by more than one employee.
He said that those who are retiring in next one year, would not be transferred except on administrative exigency. Female teachers, immediately after their marriage, can apply for a one-time transfer which would be allowed as per vacancy available after relaxing the condition of minimum five years stay. Transfers of officers holding administrative offices such as Principals, Joint Directors and Deputy Directors would not be covered under this Policy. The Principals would also submit their applications in prescribed proforma for transfer to Directorate or to other place. The transfers of ministerial staff would be covered under this Policy, he added.
The spokesman said that no TA/DA would be given if the transfer is done at the request of employee himself or if he or she is being given choice posting. Transfer orders would be implemented within five working days after it is issued. DDOs would ensure relieving or joining of respective teachers within stipulated time. No salary can be drawn in case of non-compliance of transfer orders after stipulated period of one week. DDO would be personally held responsible for any neglect in this regard. In case of genuine hardship of rare cases to an employee, relaxation in policy can be made at the level of the Chief Minister, he added.
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