Estt. Clerical - Regarding Online Transfer Policy of Sub Divisional Clerk (Field Cadre) and Assistant (Field Cadre) in Public Health Engineering Department, Haryana.

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Haryana Government Gazette

Published by Authority

© Government of Haryana

No. 11-2022] CHANDIGARH, TUESDAY, MARCH 15, 2022 (PHALGUNA 24, 1943 SAKA)

PART-I

Notifications, Orders and Declarations by Haryana Government

HARYANA GOVERNMENT

PUBLIC HEALTH ENGINEERING DEPARTMENT

Notification

The 3rd March, 2022

No. 01/32/2021-PH-4.— The online policy to regulate the transfer of Sub Divisional Clerk 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 Sub Divisional 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 Sub Divisional Clerk is working on regular basis, on promotion from field staff whether on regular basis or Current duty Charge/Look After Charge or after reversion from Assistant (Current Duty Charge/Look After Charge) or return from deputation.

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

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

(iv) Sub Divisional Clerk means "a member of the service as defined at (i) above and includes Sub Divisional Clerk & Additional Sub Divisional Clerk.

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

(vi) Division means Public Health Engineering Division under administrative control of Public Health Engineering Department, Haryana.

(vii) Circle means Public Health Engineering Circle under administrative control of Public Health Engineering Department, Haryana.

3. Main features:

(i) Sub Divisional Clerks 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.

(195)HARYANA GOVT. GAZ., MAR. 15, 2022 (PHGN. 24, 1943 SAKA) [PART I 196

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 Sub Divisional Clerk completing maximum 3 years of stay in a Sub Division subject to maximum 9 years of stay in Division and maximum 12 years of stay in Public Health Engineering Circle shall be compulsorily shifted to another Sub Division or Division or Circle respectively.

(ii) Any Sub Divisional Clerk who has completed 3 years of stay in a particular Sub Division or 9 years in a Division or 12 years of stay in a Circle 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 Sub Divisional 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 Sub Divisional Clerk, in a particular Sub Division on his transfer, will be effected on the basis of the number of vacancies in a particular Sub Division.

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

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

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

(viii) Sub Divisional Clerks declared surplus from a Sub Division as part of the rationalization of posts shall compulsorily participate in the transfer derive. In case of their non–participation in transfer derive 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 Sub Division having high deficiency of Sub Divisional Clerks.

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

(x) The Sub Divisional 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 Sub Divisional 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 Sub Divisional Clerk over male Sub Divisional Clerk.

(xiii) In the event of tie among the Sub Divisional 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 for the purpose of transfer of Sub Divisional Clerks. The administrative control of Sub Divisions with Divisions/circle 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/ direct recruitments, posts needed to be filled up in public interest, can be made anytime. Further, the transfer of Sub Divisional 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 Sub 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 month 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 Sub Divisional Clerk, out of points earned against a) age, b) Second set of merits point, c) other points as described below. The Sub Divisional 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 Sub Divisional 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 Sub Divisional 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) Sub Divisional Clerks suffering from:-

(a) 100% blind or having 80% or more locomotors disabilities involving both the legs; or (b) currently suffering from cancer; or (c) having undergone bye-pass heart surgery; or (d) kidney transplant; orPART I] HARYANA GOVT. GAZ., MAR. 15, 2022 (PHGN. 24, 1943 SAKA) 199 (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/Sub Divisions for these categories of Sub Divisional Clerks.

(iii) After the transfer drive, Unmarried female or newly married or recently divorced' or death of spouse 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 Sub Divisional Clerks opting for this special optional zone shall not be eligible to give preferences of zone. The Sub Divisional Clerks of this category shall be utilized by the department in the Sub Division/zone having high deficiency of Sub Divisional Clerks in any Zone/sub 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 Sub Divisional Clerk whether serving in regular capacity or by a temporarily employed.

(B) Deemed Vacancy:

(a) Involuntary deemed vacancy: A post held by a Sub Divisional Clerk previously or presently in the Zone/Division/Sub-Division 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 Sub Divisional Clerk given temporary manual posting due to non- availability of online transfer derive or technical problems or compulsions of administrative or litigational nature. However, it will not include the posts occupied by Sub Divisional Clerks who become duly posted as an outcome of the grievance redressal mechanism of a general transfer derives.

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

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

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

Annexure-A

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

9498—C.S.—H.G.P., Pkl.