Estt. Clerical- regarding online transfer policy of Clerks.

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Haryana Government Gazette

Published by Authority

© Government of Haryana

No. 24–2021]  CHANDIGARH, TUESDAY, JUNE 15, 2021 (JYAISTHA 25, 1943 SAKA)



PART – I

Notifications, Orders and Declarations by Haryana Government

HARYANA GOVERNMENT

PUBLIC HEALTH ENGINEERING DEPARTMENT

Notification

The 25th May, 2021

No.1/32/2021-4PH.— The online transfer policy to regulate the transfer of Clerks in Public Health Engineering Department, Haryana is notified herewith which shall come into force with immediate effect.

1. Vision: To ensure equitable, demand based distribution / posting of Clerks to protect public interest and effect transparency.

2. Definitions: In this policy, unless the context requires otherwise:

(i) "Service" means a service in which a Clerk is working on regular basis, on promotion from field staff whether on regular basis or Current duty Charge or Adhoc basis or after reversion from Sub Divisional Clerk (Current Duty Charge) or return from deputation.

(ii) Reference to "he" includes "she" too.

(iii) Department means "Public Health Engineering Department, Haryana."

(iv) Clerk means "a member of the service as defined at (i) above.

(v) Division means Public Health Engineering Division of a Public Health Engineering Circle under administrative control of Public Health Engineering Department, Haryana.

(vi) Circle is a Zone means Public Health Engineering Circle including Public Health Engineering Divisions of that circle under administrative control of Public Health Engineering Department, Haryana.

3. Main features:

(i) Clerk who are members of State Cadre are liable to be transferred anywhere in the State, at any point of time as per provisions of this policy.

(ii) This transfer Policy shall be applicable from the date of its publication.

4. Basic Principles:

(i) The option once availed and confirmed shall be final and can be changed only under the provisions of this policy. Unless protected under a provision of this policy, every clerk completing maximum 3 years of stay in a Division office / Circle office shall be compulsory shifted to another office.

(429)430 HARYANA GOVT. GAZ., JUNE 15, 2021 (JYST. 25, 1943 SAKA) [PART–I (ii) Any clerk who has completed 12 years of stay in a particular zone (including Division office/ circle office) will be compulsorily transferred from that zone and he/she cannot opt for his/her transfer within that particular zone.

(iii) In case of those Clerk who have exhausted their preferred choices, before posting them under 'Anywhere in the State' option, the department shall again seek their options against the remaining available posts at that point of time.

(iv) The posting of the Clerk, in a particular Division or Circle on his transfer, will be effected on the basis of the number of vacancies in a particular Division or Circle.

(v) The vacancies in a Division will be filled up on the basis of number of vacancies. The number of vacancies (actual or deemed) in the Division will be arranged from highest to lowest.

(vi) The Clerks having 12 months or less in retirement shall not be transferred, if they are not willing to participate in transfer drive.

(vii) Minimum stay for seeking transfer shall be three years after which he can participate in drive but option for transfer within the same office will not be available for him.

(viii) Clerks declared surplus from a Division/Circle as part of the rationalization of posts shall compulsorily participate in the transfer drive. In case of their non–participation in transfer drive from any reason their salary from such posts shall be stopped and the department shall be at liberty to post them at any station across the state in the Division having high deficiency of Clerks.

(ix) The transfer exercise shall be carried out only through approved web based application.

(x) The Clerks transferred on administrative grounds of misconduct will not be transferred back to the same Circle where from they were transferred on such grounds.

(xi) Within 15 days of issuance of orders, the Clerks aggrieved with the transfer process can represent to the department after joining at new place of posting. Their representation shall be considered in accordance with the policy and appropriate decision shall be conveyed to him as deemed fit.

(xii) In the event of tie among the same category of employees, preference will be given to a female Clerk over male Clerk.

(xiii) In the event of tie among the Clerks when both are male or female, the preference will be given to the employee with disability or couple case.

(xiv) No request for mutual transfer will be considered.

5. Zoning of Department: The field offices of Haryana Public Health Engineering Department have been broadly classified into Circles which comprise of Divisions and Sub Divisions. The administrative control of Divisions with Circle offices is attached at Annexure-A.

6. Procedures:- It will involve following procedures:

(i) Preparation of provisional actual vacancy list and deemed vacancy list.

(ii) Rationalization of posts.

(iii) Notification of list of vacancies to be filled/blocked.

(iv) Seeking preferences for choice of zones.

(v) Processing the list as per choice of zones.

(vi) Generation of transfer orders.

Notification of dates for each process will be made by the competent authority.

7. Time Schedule:

(i) Periodicity of the transfers: General Transfers will be made only once in a year, or as specifically notified by the Government for a given year. However, transfer/posting necessitated by promotions/ directs recruitments, posts needed to be filled up in public interest, can be made anytime. Further, the transfer of Clerk spouses of employees of Departments/ Organizations of Government of Haryana or Central Government can also be made on requests at any time.

(ii) The following time schedule shall be followed, so far as feasible, for various activities every year:

a) Opening/ shifting of new Public Health Engineering Department Division shall take effect generally in April of succeeding year or as per requirement. But the posts in respect of such new/shifted Haryana Public Health Engineering Department Division offices shall be accounted for during opening / shifting.

b) Transfer orders will be issued in the months of April every year.

c) Qualifying date for actual vacancies, deemed vacancies, weightage/merit points calculation, court of stay shall be 31st March of the year under consideration.

d) The transfer process will start in the month of December and will be completed by end of March of each year as per the following scheduled:-

i) Decision about opening of new subordinate offices, rationalization of staff shall be done from 1st January to 31st January every year.

ii) The actual vacancies and deemed vacancies will be notified from 1st February to 28th February.

iii) The eligible employees will submit their choice of station online from 1st March to 15th March.

iv) Transfer orders will be generated and issued from 1st April to 15th April. v) The orders will be effective from 1st May.

The above schedule may be separately notified by the Govt. at the start of the policy or during any year as per the requirement, otherwise the schedule given above will be followed.

8. Merit criteria for allotment of posts in a Zone:

(i) Decision of allotment to a vacancy shall be based on the total composite score of points earned by a Clerk, out of points earned against (a) age, (b) Second set of merit points, (c) other points as described below. The Clerk earning highest points shall be entitled to be transferred against a particular vacancy in the zone as per his option.

(ii) Age shall be the prime factor for deciding the claim of the Clerks against a vacancy since it shall have weightage of 60 points.

(iii) However, to take care of categories like women, women headed households, widows, widowers, differently abled persons and serious ailment, a privilege of maximum 20 points can be availed by the Clerks of these categories (hereinafter to be referred as atb) The second set of merit points).

The division of points shall be as given in para 8 (a), 8 (b) and 8 (c) below:-

(b) The Second Set of merit points will come from the special factors enumerated hereinafter with a

Note:- (i) Only notified diseases shall be considered for merit points under the category of "Diseases of Debilitating Disorders" by the competent authority or Health Department, Haryana.

(ii) Clerks suffering from:-

a) 100% locomotor (Ortho) disability for any reason; or b) currently suffering from cancer; or c) having undergone bye-pass heart surgery; or d) kidney transplant; or e) currently undergoing dialysis;

shall be assigned 80 points (60 for age factor and 20 for special points factor) if they are willing to participate in a transfer drive. Otherwise, they shall not be transferred, if they are not willing to participate in a transfer drive. However, the certificate of cancer should not be more than six months old. Further, there will not be any bar to opt any Zone/ Divisions/Sub Divisions for these categories of Clerks.

(iii) After the transfer drive, the 'newly married' or 'recently divorced' female employees shall be given preferred place of posting against vacancy upon request. However, they shall have to participate in the next transfer drive being married or widowed and at that time they shall be adjusted at any of their top three choices against available vacant posts. (iv) There shall be separate zone of choice known as "Anywhere in the State". The Clerks opting for this special optional zone shall not be eligible to give preferences of zone. The Clerks of this category shall be utilized by the department in the Divisions / zones having high deficiency of Clerks in any Zone/Division.

9. Definition of vacant posts:

(i) There shall be two types of vacancies as under:

A) Actual Vacancy: A post not occupied by any Clerk whether serving in regular capacity or by a temporarily employed.

B) Deemed Vacancy:

a) Involuntary deemed vacancy: A post held by a Clerk previously or presently in the Zone/Division/Circle Office in department in any capacity for a period of three years or more on the qualifying date in present zone of posting: or

A post occupied by a Clerks given temporary manual posting due to non- availability of online transfer drive or technical problems or compulsions of administrative or litigational nature. However, it will not include the posts occupied by Clerks who become duly posted as an outcome of the grievance redressal mechanism of a general transfer drives.

b) Voluntary deemed vacancy: A post occupied by such Clerk who has been adjudged eligible and allowed to participate in general transfer drive, even if, he is not eligible otherwise on the minimum tenure criteria.

(ii) Some vacancies of Clerks may remain unfilled at any given point of time due to shortage of Clerks in the department. To avoid disproportionate concentration of Clerks in some Divisions/Zone, the department may block some actual vacant posts to be kept vacant in the transfer drive. The gap in sanctioned strength and actual number of Clerks available will be evenly distributed over various divisions / zones to block the vacancies.

10. Power of relaxation: Notwithstanding anything contained in the policy, the Administrative Secretary, Public Health Engineering Department with the prior approval of the Chief Minister, Haryana, shall be competent to transfer any Clerk to any place in relaxation of any or all of the above provisions after recording reasons justifying such relaxation. A Committee headed by the Deputy Commissioner and comprising of CMO and Superintending Engineer of this Department, may recommend deputation/ temporary transfer of an employee after the transfer drive, on the basis of genuine and compelling reasons. A web portal should be provided for taking online applications from the employees for this purpose. The Committee will scrutinize such cases and send their recommendations to the Government which will be dealt under this clause.

11 No TA/DA will be given, if the transfer is done on the request of the employee himself by giving relaxation of the transfer policy and he/she is given a posting of his/her choice.

12 Clarification & Implementation: In case of any doubt or difficulty in making out the true intention of the provisions of this policy, the Administrative Secretary of the department shall be competent authority to clarify such doubt or to remove such difficulty by issuing a reasoned order to this effect.

13 Bar against canvassing: No Clerk shall canvass for his/her case and bring any outside influence.

Note: - In the first phase negative performance points due to punishments etc. will not be taken into account.

DEVENDER SINGH, Additional Chief Secretary to Government Haryana, Public Health Engineering Department.

Note:- The Division or Circle may increase or decrease in case of creation or abolition of offices by the Government.

9184—C.S.—H.G.P., Pkl.