Online Transfer Policy of Mining Guards

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Haryana Government Gazette

Published by Authority

© Government of Haryana

No. 6–2022]  CHANDIGARH, TUESDAY, FEBRUARY 8, 2022 (MAGHA 19, 1943 SAKA)

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PART – I

Notifications, Orders and Declarations by Haryana Government

HARYANA GOVERNMENT

MINES AND GEOLOGY DEPARTMENT

Notification

The 21st January, 2022

Online Transfer Policy of Mining Guards

No. 02/01/2022-2-IB-II.— In exercise of the powers conferred by the proviso to Article-162 of the Constitution of India, the Governor of Haryana hereby makes the following Online Transfer Policy, namely:– 1. Short title and Vision: This policy may be called the "Online Transfer Policy of Mining Guards of Mines and Geology Department, Haryana". This Policy is made to ensure equitable distribution of Mining Guard at different locations in a fair and transparent manner and to maximize job satisfaction amongst employees and further to improve performance of the department.

2. Application:– This Policy shall be applicable to all Mining Guard, who are members of State cadre working on regular basis.

3. Definitions: In this policy, unless there be anything repugnant in the subject or context;

(a) 'Blocked Posts' means the vacancies of a cadre remain unfilled at any given point of time due to shortage of employees in the department.

(b) 'Employees of Special Category' means the blind employees or the differently abled employees or their child / children and spouse, women employees, women headed households, widows, widowers, couple case, employee suffering from Diseases of Debilitating Disorder;

(c) 'Prescribed Tenure' means the tenure of appointment for a period of five years in a particular Head office and ten years in a Field office. While calculating the tenure of an employee for the purpose of this policy, the date from which someone is working in a Head Office/Field Office on 31st March of the calendar year of transfer shall be counted irrespective of the fact he/she has been appointed by temporary transfer or otherwise. However, an employee may participate in the transfer drive subject to completion of minimum three years service in a Head Office/Field Office;

(d) 'Qualifying date' for the purpose of calculating the vacant post(s) shall be the 31st March of the Calendar year of transfer;

(e) 'Service' means duty period and all kinds of leave including extraordinary leave availed by Mining Guard during the prescribed tenure.

(f) 'Transfer' means posting/appointment from one Head Office/Field Office to another on or before completion of prescribed tenure in a Head Office/Field Office;

(122)PART-I] HARYANA GOVT. GAZ., FEB. 8, 2022 (MAGH. 19, 1943 SAKA) 123

(g) 'Vacant Post for transfer' means

(i) a post not occupied by any Mining Guard;

(ii) a post presently occupied by any Mining Guard for a period of five years or more;

(iii) a post on which any Mining Guard has been appointed by temporary transfer or due to non- availability of online transfer drive;

(iv) a post occupied by any Mining Guard, who has been adjudged eligible and allowed by the competent authority to participate in the general transfer drive even if he has not completed the prescribed tenure in the Head Office/Field Office where he is presently posted.

Note-1.— Where there are Blocked Posts of Mining Guard the same shall be excluded from the number of vacant posts for transfer.

Note-2. — The post against which any Mining Guard has been posted/transferred on compulsion of administrative reason or litigation nature shall also not be included in the vacant posts for transfer.

Note-3. — Department shall prepare the list of vacant posts for transfer and notify them for the benefit of stakeholder. Depending upon input from stakeholders, such list may be amended, if required.

(h) 'Head Office/Field Office' means an area prescribed by the competent authority for the purpose of calculation of prescribed tenure and entitlement of any Mining Guard for transfer from one Head Office/Field Office to another under this policy;

4. General Principals:

(i) Time Scheduled for Online Transfers:

(a) General online transfers will be made only once in a year. However, transfer/posting necessitated by promotion, direct recruitment, posts needed to be filled up in a public interest, can be made anytime by the competent authority.

(b) The online process will be completed up to 3st March and implemented after 31st March or as per exigency/convenience of the department.

(c) Every Mining Guard having 5 years of stay/ tenure in a particular Head Office and 10 years of stay/ tenure in a Field office has to be compulsory shifted.

(d) An Mining Guard, who has completed 3 years stay/tenure in a particular office, can opt for his transfer within or out of office, where he/she is posted. But a Mining Guard who has completed 10 years stay/tenure in a Office cannot opt for his transfer within the same Office.

(e) In case, any Mining Guard having 5 years of stay in a particular office cannot opt his preference for the same office, but he can opt any other office within same office. Similarly, any Mining Guard having 10 years of stay in a particular office cannot opt his preference for any office in that office. Once posted at one station, he will not be allowed to submit his option before 3 years and will be transferred as per provision of policy thereafter.

(f) The posting of Mining Guard in a particular Head Office/Field Office will be affected on the basis of the number of vacancies in a particular Head Office/Field Office.

(g) The vacancies in a Head Office/Field Office will be filled up on the basis of number of vacancies. The number of vacancies (actual or deemed) in the Head Office/Field Office within the same office will be arranged from highest to lowest. The Head Office/Field Office having highest vacancy will be filled up first and the Head Office/Field Office with lowest vacancies will be filled up in the last.

(h) Minimum stay for seeking transfer shall be 3 years after which he/she can participate in drive.

(ii) Liable to be posted anywhere:

Mining Guards are liable to be transferred under this policy in any Head Office/Field Office or anywhere in the State, in public interest, on completion of prescribed tenure.

(iii) Computerization of relevant service record of employees:

The Department shall ensure that all employees enter their service record in HRMS. Every employee shall be responsible for the accuracy and regular updation of data in the Management Information System in respect of his credentials, otherwise the department shall be at liberty to post him anywhere in the State.

(iv) Rationalization and Blocking of posts:

To avoid disproportionate concentration of Mining Guard at a particular station, the department should rationalize their sanctioned post and block actual vacant post to be kept vacant in the transfer drive. In the long run, however, the department may increase/ decrease the total number of sanctioned posts as per their assessment/ requirement in consultation with Work Assessment Cell in the Administrative Reforms Department and Finance Department.

5. Merit Criteria for allotment of post:

(a) Merit for allotment of vacant post to any Mining Guard shall be based on the total composite score of points earned by a Mining Guard, out of 80 points as described below. The Mining Guard earning highest points shall be entitled to be transferred against a particular vacancy.

(b) Age shall be the Prime Factor for deciding the claim of the Mining Guard against a vacancy since it shall have weightage of 60 points, out of total points.

(c) A privilege of maximum 20 points can be availed by the Mining Guard of special categories as

Note.— If husband and wife, both are working in any Department/ Board/ Corporation under State Government or Government of India, the benefit of spouse under category of "Couple Case" above can be claimed by only one of them for which he/she has to submit a declaration in this regard that the spouse has not taken the benefit of this category. This self declaration should be uploaded on the portal at the time of participation in the drive.

(d) The employees who are 100% blind or having 80% or more locomotors disabilities involving both the legs shall be given their choice of posting.

6. Procedure to be adopted:

(i) Head of Department shall seek preferences for choice of stations in a Head Office/Field Office from the eligible Mining Guard for transfer. The transfer exercise shall be carried out only through approved web based application.

(ii) The option once exercised and confirmed by the Mining Guard shall be final and cannot be changed in any circumstances.

(iii) Any Mining Guard, who is due for superannuation within one year or less than one year service shall not be transferred from his place of posting against his will even on completion of maximum stay in that office, but he / she can participate in the transfer drive if he/she desires so.

(iv) Merit criteria for allotment of station will be as per para 5 above.

(v) All transfers shall be implemented within 7 days of their issuance. The Treasury Officers concerned shall not draw the salary of the Mining Guard, who has not complied with the orders.

(vi) Within 15 days of issuance of orders, the Mining Guard aggrieved with the transfer process can represent to the department after joining at the new place of posting, on a grievance redressal forum to be provided by the department for this purpose. Their representations shall be considered in accordance with the policy and appropriate decision shall be conveyed to them as deemed fit.

(vii) Online general transfer due to completion of prescribed tenure of 5 years in a Head Office and 10 years in Field Office shall be treated as 'transfer in public interest' and in such case the joining time and composite transfer grant shall be admissible as per provision in Haryana Civil Services Rules, 2016.

(7) Bar against canvassing:

No Mining Guard shall canvass for his / her case except through a representation to the Head of Department or to higher authorities in Haryana, as per this policy. All other individual representation shall be treated as an attempt to bring extraneous influence on the due process. No relief can be sought except the one already sought as per para 6 above.

(8) Appointment by promotion/direct recruitment:-

Any Mining Guard taken in a cadre through direct recruitment/ promotion/ repatriation shall be posted in the Head Office/Field Office of eligibility and availability.

(9) Opportunity of option to certain categories:-

The following categories of Mining Guard will not be transferred unless they desire to participate in the transfer drive:-

(a) Mining Guard having 12 months or less in retirement on the date of next transfer drive;

(b) Unmarried female employees upon marriage;

(c) Married female employees upon divorce; or

(d) Widow or widower employees on the death of spouse;

They may be permitted to participate in the next transfer drive after the event.

(10) Posting in remote areas:

Incentive for serving on the choice of anywhere in the State: If any Mining Guard opts for 'anywhere in the State and is thereafter posted in an office in Morni Hills Area or Nuh District against a vacancy for which no Mining Guard has opted, they will be paid remuneration @ 10% of the basic pay + DA during the period of said posting provided this incentive shall not be admissible in case of transfer in home district Nuh and Panchkula.

(11) 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 the competent authority to clarify such doubt or to remove such difficulty by issuing a reasoned order to this effect.

(12) Power to relax:-

Notwithstanding anything contained in the policy, the Administrative Secretary, Mines and Geology Department, Haryana with the prior approval of the Chief Minister, Haryana, shall be competent to transfer any Mining Guard to any place in relaxation of any or all of the above provisions in public interest and administrative exigencies.

(13) Out of Cadre Transfer:-

In public interest, any Mining Guard can be transferred and posted in any Department/Board/Corporation of the State and shall be treated on deputation in that Department/ Board/ Corporation etc. and shall be eligible for compulsory transfer after completion of three years of service at such station.

ANURAG AGARWAL, Principal Secretary to Government Haryana, Mines and Geology Department.

9465—C.S.—H.G.P., Pkl.