No. CHQ/AIAIASP/ASP Rule 38/2017 Dated : 8th June, 2017
Shri A. N. Nanda,
Department of Posts,
Dak Bhawan, Sansad Marg,
New Delhi 110 001.
Sub: Review of “Transfer Policy” circulated by Directorate vide letter No. 141-141/2013-SPB II dated 31.01.2014 – invitation of suggestion / comments.
With reference to Directorate letter number 141-141/2013-SPB-II dated 28th March, 2017, views of All India Association of Inspectors and Assistant Superintendents Posts is submitted herewith for kind consideration.
2. This association would like to draw your kind attention towards hardship being faced by officials in the cadre of Assistant Superintendent Posts because of placing the cadre of ASPs out of purview of transfer under Rule 38.
2.1 As per Rule 38 of Postal Manual Volume IV, an official needs to put in minimum service of five years in case of direct recruit and three years in case of surplus qualified officials to become eligible for transfer under Rule 38. The provisions have been equally carried forward in policy/various instructions issued by Directorate from time to time viz. No. 141-198/2001-SPB-II, No. 141-177/2009-SPB-II dated 14.12.2010 & No. 141-141/2013-SPB-II dated 31.01.2014.
2.2 Subsequently vide order no. 141-141/2013-SPB-II dated 23.09.2015, the cadre of Assistant Superintendent Posts has been kept out of purview of provisions of transfer under Rule 38 of Postal Manual Volume IV on the grounds that promotion of Inspector Posts to the cadre of Assistant Superintendent Posts is Circle specific, which varies from Circle to Circle and there are instances that an official junior in All India Seniority has been promoted to the cadre of ASPs in one Circle which his senior in All India Seniority is still working in Inspector Posts in another Circle, transfer of such officials who have been promoted to ASPs to the Circle where his senior is still working as Inspector Posts will create anomaly in the Circle concerned.
2.3 It is true that promotion to the cadre of Assistant Superintendent Posts is Circle specific and period for such promotion varies from Circle to Circle. The example set out in Directorate order dated 23.09.2015 is also correct, but on only such grounds keeping the whole cadre out of purview of Rule 38 is a big injustice to cadre, especially when other promotional cadres are left intact and they are eligible for transfer under Rule 38.
2.4 It may be noted that the Recruitment Rules of ASPs and Inspector Posts who have been appointed before 01.02.2013 were eligible for promotion to the cadre of ASPs after three years. But service condition for transfer was five years. Moreover, before completing five years, Circle are not recommending such cases and after five years also it takes considerable time to materialize such transfer, by such time Inspectors in many Circles are promoted to ASPs.
2.5 Provision of keeping cadre of ASPs out of purview of Rule 38 is causing much hardship as after getting ASP promotion, they have no option to get transfer to their Circle, till their promotion to PS Group B Cadre, which takes 20-22 years now a days.
2.7 In view of the above lines, it is requested to bring back the cadre of ASPs under purview of transfers under Rule 38. Further, if Department feels necessary, one condition may be put that Rule 38 transfer of ASPs may be considered if all seniors in the IP Cadre working in the Circle, where the Rule 38 transfer has been requested, have been promoted to the cadre of ASPs. In such case, there will not be any injustice to the senior Inspector Posts also.
With warm regards,
1. The Member (Personnel), Department of Posts, Dak Bhawan, Sansad Marg, New Delhi 110001
2. The DDG(P), Department of Posts, Dak Bhawan, Sansad Marg, New Delhi 110001
3. The Director (SPN), Department of Posts, Dak Bhawan, Sansad Marg, New Delhi 110001