Online Transfer Policy for Teaching Staff

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EXTRAORDINARY

Published by Authority

© Govt. of Haryana

No. 130-2023/Ext.] CHANDIGARH, MONDAY, JULY 24, 2023 (SRAVANA 2, 1945 SAKA)

HARYANA GOVERNMENT

HIGHER EDUCATION DEPARTMENT

(Directorate of Technical Education)

Notification

The 24th July, 2023

No. 55/05/2022-1TE.— In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following online transfer policy for Government employees (Lecturer in Civil Engineering, Computer Engineering, Electrical Engineering, Mechanical Engineering etc.), wherever the sanctioned posts are more than 80 in a particular discipline only, appointed in the Technical Education Department, Haryana, namely:-

This Policy may be called "Online Transfer Policy for Teaching Staff" appointed in Government Polytechnics.

1. Vision

To ensure equitable & need-based distribution of Lecturers in a fair and transparent manner so as to protect academic interest of students and to maximize job-satisfaction amongst teachers.

Main features:

(i) Lecturers who are members of State Cadre are liable to be transferred anywhere in the State at any point of time. For the purpose of online transfer, there will be a single designation of Lecturers irrespective of his present designation.

(ii) This Transfer Policy shall be applicable w.e.f. the date of its Notification.

(iii) The Transfer Policy shall be applicable to all Lecturers working in the Government Polytechnics (wherever the sanctioned posts are more than 80 in a particular discipline only) under Technical Education Department, Haryana. Eligible Lecturers will submit their choice of 15 Government Polytechnics. While giving choices, it shall be ensured that their discipline/Subject is being taught in those Polytechnics and the vacancy is available.

(iv) While affecting transfers, the academic interest of students shall be supreme.

(v) The Lecturers choosing Government Polytechnics in the district Nuh and District Panchkula (only for Morni Hills area) [with the condition that District Nuh and District Panchkula is not his/her Home District] will be paid extra remuneration during the period of said posting as per Online Transfer Policy issued by the Chief Secretary to Government, Haryana vide No. 15/5/2017-1GS-II dated 13.02.2020 as mentioned in para 10.

(vi) If Lecturers opts for 'Anywhere in the State' and is thereafter posted in the District Nuh and Morni Hills area against a vacancy for which no teacher has opted, he will be paid extra remuneration during the period of said posting as per Online Transfer Policy issued by the Chief Secretary to Government, Haryana vide No. 15/5/2017-1GS-II dated 13.02.2020 provided this incentive shall not be admissible in case of transfer in Home District Nuh or Panchkula.

(1923)1924 HARYANA GOVT. GAZ. (EXTRA.), JULY 24, 2023 (SRVN. 2, 1945 SAKA) (vii) After the completion of the process of online transfers, there will be option of mutual transfers. This option can be exercised within 15 days of the completion of online transfer process. The mutual transfers shall be valid for a period of five years and in case, one of the incumbents gets retired, the other incumbent shall have to participate in the next online transfer drive irrespective of the timeframes.

(viii) The Guest lecturers shall be re-adjusted separately after the completion of online transfer drive.

(ix) Lecturers are liable to be transferred under this policy anywhere in the State, in public interest or in case of administrative exigencies.

2. TIME SCHEDULE FOR ONLINE TRANSFERS

(i) Periodicity of the Transfers

General Online Transfers shall be made only once a year, as per time schedule given in para 2(ii) below or as notified by the Government for a given year. However, transfer can be made at any time in cases of administrative exigency, sudden death of spouse, chronic disease/permanent disability of spouse, couple cases and on compassionate grounds for the special categories like women, widows, widowers, differently abled persons, serious ailment etc. The reasons for transfers under these grounds will be recorded on file.

(ii) Time Table: The following time schedule shall be followed for various activities every year except the first year in which the Online Transfer Policy is being implemented. However, the following time schedule can be changed by the Government any time in view of the administrative exigencies or requirements.

(a) Qualifying date for actual vacancies, deemed vacancies and notional vacancies as per workload, calculation of weightage/points, count of stay shall be done by 31st March every year.

(b) Notification of Actual Vacancies, Deemed Vacancies and Notional Vacancies' will be done from 1st April to 30th April every year.

(c) Eligible Lecturers will submit their choice of 15 Government Polytechnics online, from 1st May to 21st May every year. While giving choices, it shall be ensured that their discipline/subject is being taught in those Polytechnics and the vacancy is available.

(d) Transfer orders will be issued by 15th June which will be implemented w.e.f. 22nd June every year (after handing over the charge of Laboratory and others if any) so that after availing the joining time of seven working days the incumbents join the new place of posting by 1st July in every case.

(e) Objections, if any, will be received by 7th July and the same will be decided by 15th July.

(f) Time schedule for Online Transfers for Start of the year i.e. 2022 shall be as under:

- Notification of Online Transfer Policy by 31st March, 2022

- Notification of vacancy position as per 2(ii)(b) above by 30th April, 2022

- Filling up of choices for the stations as per 2(ii)(c) by 21st May, 2022

- Issuance of transfer orders as per 2(ii)(d) on 15th June, 2022

3. BASIC PRINCIPLES

(i) Transfer/posting to the opted Government Polytechnics will not be claimed or treated as a matter of right.

(ii) No requests for temporary transfer from one Government Polytechnic to another will be considered except in cases of administrative exigencies and the salary will be drawn from the parent Polytechnic.

(iii) Vacancies in the Government Polytechnics will be notified each year as mentioned in para 2(ii).

(iv) Unless protected under the provisions of this Policy, every Lecturer completing five years' continuous stay in a Government Polytechnic in the same town / city which may include more than one Government Polytechnic shall be transferred compulsorily and his/her post will be treated as vacant. However, any Lecturer may also participate in the online Transfer Policy by giving such choices in the transfer drive after completion of three years of services at a particular Government Polytechnic.

(v) The fixation of actual vacancies will be done in two stages. In the first stage, lecturer who have completed three years of service at a particular place of posting may give their option for participation in the Online Transfer Drive. These notional vacancies will be added to the actual and deemed vacancies as per schedule. Such incumbent who apply for transfer after three years shall have to join at new place of posting for a full period of 5 years.

(vi) In case of fraction in numerical calculations, the figure nearest to whole number shall be considered for the purpose of blocking of vacancies only.

(vii) Hon'ble Court's orders in the matter, if any, shall be implemented in letter and spirit by the Government.

(viii) Zone: Each Government Polytechnic, will be considered as zone.

4. MERIT CRITERIA FOR ALLOTMENT OF POST /VACANCY

(i) Merit for allotment of vacant post to an employee shall be based on the total composite score/points earned by a Lecturer out of 100 points as prescribed hereinafter. The Lecturer earning higher points out of the composite score shall be entitled to be transferred against the station (s) of his choices as per preference.

(ii) 'Age' shall be the first parameter and prime factor for deciding the claim of the Lecturer against a vacancy and it shall have Weight-age of maximum 57 points, out of total 100 points. In case of equal points, preference shall be given to the Lecturer who is senior in age.

(iii) Second parameter is 'Special Category' which covers females including widow/divorced/legally separated/unmarried females, widowers, differently abled persons, Diseases of Debilitating Disorders, parent(s) of differently abled or mentally challenged children and couple cases. Under this category, privilege of maximum 20 points can be availed by the Lecturer.

(iv) Third parameter is 'Performance Category' which covers length of experience on regular basis, Well Performing Faculty and Research publications. It shall have weight-age of maximum 23 points.

(v) Persons who are 100% blind or having 80% or more locomotors disabilities involving both the legs shall be given maximum marks in the age criteria and special category. However, the marks in the performance category will be given as per criteria.

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

(a) Age (Maximum 57 points in total):

The first set of merit points will come from the age of the Government employee as enumerated below:-

(b) Special Category (Maximum 20 points in total):

Note: If husband and wife; both are working in any Department/ Board/ Corporation under State Government or Government of India, the benefit of 5 points under Category of 'Couple Case' above can be claimed only by one of them for which he/she has to submit a declaration in this regard that spouse has not taken the benefit of this category. This self declaration should be uploaded on the portal at the time of participating in the drive.

(c) Performance Category (Maximum 23 points in total):

The third set of merit points will come from the Performance Category as enumerated below:

5. DEFINING VACANT POSTS

(i) There shall be three types of vacancies:- (i) Actual Vacancy (ii) Deemed Vacancy and (iii) Notional Vacancy

(a) Actual Vacancy: A post not occupied by any Lecturer, a post which will become vacant due to retirement, promotion, voluntary retirement or otherwise against the workload as on the date of publication of vacancies as per schedule given in para 2(ii) above.

(b) Deemed Vacancy:-A post occupied by a Lecturer for a period of five years' or more [as mentioned in para 3(4)] on the qualifying date at a Government Polytechnic or at HQ as per workload or under special dispensation given in para 6 but has not completed tenure of three years' in a particular Government Polytechnics as per the existing vacancy in a given academic session after assessment of workload.

(c) Notional Vacancy: A post which will became vacant in case of lecturers after completing three years of services applies for Online Transfer.

6. PROCEDURE TO BE ADOPTED

(i) Rationalization and Blocking of Posts: To avoid disproportionate concentration of Lecturers at a particular Government Polytechnic, the Department may rationalize the vacancies as per workload to be kept vacant in subject/discipline concerned even in transfer drive before the online general transfers and also block as per the vacancy percentage against workload to be kept vacant even in the transfer drive.

Note:- Blocked Posts means the vacancies of a cadre remain unfilled at any given point of time due to shortage of Lecturers in the Department.

(ii) All eligible Lecturers shall be asked to select 15 Government Polytechnics in order of their preference. The option once availed and confirmed by the employee shall be final and cannot be changed. The merit criteria for allotment of stations will be as per para 4 above.

(iii) In case of Lecturers who cannot be posted at his/her preferred choices on account of less merit, he/she shall be given posting at any other Government Polytechnics 'Anywhere in the State' on random basis by the software.

(iv) Lecturers having one year or less in retirement shall not be transferred unless he/she desired to participate in the transfer drive or on account of Administrative exigency.

(v) Unmarried female Lecturers upon marriage, married female Lecturers upon death of husband or legal divorce from husband, Male Lecturers upon death of his wife can be given the opportunity to change option, on request, to participate in the next transfer drive after the event.

(vi) Those Lecturers who are found 'without requisite workload' on the basis of redistribution exercise on the basis of assessment of workload, shall compulsorily be shifted from their place of posting even if they have not completed their tenure of five years' in that Government Polytechnic.

(vii) Lecturers joining the department on repatriation from U.T. Administration or other States or Govt. of India Departments, where they were on deputation, shall also be asked to give their choices of Government Polytechnics as per policy as per available vacancy position.

(viii) For the purpose of couple case transfers under para 4(b)(7), the spouse will be treated as couple case as defined.

(ix) In case of administrative exigency, the Department shall have liberty to post any Lecturers at any Government Polytechnics irrespective of the preferences given. However, the cause for that administrative exigency shall be mentioned or recorded.

(x) Online general transfer due to completion of prescribed tenure of five years' shall be treated as 'Transfer in public interest' and in such case the joining time and composite transfer grant (TA/DA etc.) shall be admissible as per provisions in Haryana Civil Service Rules, 2016.

7. MECHANISM

(i) The Department shall ensure that all Lecturer enter their service record in HRMS. Every Lecturer shall be responsible for the accuracy and regular updation of data in the HRMS/MIS in respect of his/her credentials, otherwise the Department shall be at liberty to post him Anywhere in the State. In case he/she notices any discrepancy, he/she will get it rectified by adopting due procedure after producing the relevant evidences before the competent authority.

(ii) All the choices once exercised will be available for 'VIEW' to all concerned Lecturers in their login.

The transfer exercise shall be carried out through Transfer Application Software.

8. POST-TRANSFER EXERCISE

(i) All Transfers shall be implemented as per time schedule mentioned in para 2. The copy of transfer orders shall be sent to the Treasury officer concerned with a request not to draw the salary of such transferred Lecturers from the institution he/she has been transferred.

(ii) After joining at the transferred place, the aggrieved Lecturers, in case of any discrepancy, can represent to the competent authority within 15 days on a grievance redressal forum provided in the Department for this purpose. His/her representation shall be considered in accordance with the Policy and appropriate decision shall be conveyed to him/her.

9. INTERPRETATION OF GUIDELINES

The Administrative Secretary to Government Technical Education Department, Haryana in consultation with General Administration Department shall be the competent authority to interpret above provisions and pass such order(s) as deemed appropriate and essential to facilitate the implementation of the Policy for the purpose of effect, control and administration of the Department as a whole.

10. SAFEGUARD AGAINST UNDUE INFLUENCE

Lecturers shall not bring in any outside influence. If such an influence from whichever source supporting the cause of Lecturer is received, it shall be presumed that the same has been brought in by the Lecturer. The request of such Lecturer shall not be considered. Action may also be initiated against such Lecturer under relevant Service Rules/Conduct Rules and an entry to this effect shall be made in his/her service record.

11. POWER OF RELAXATION

Notwithstanding anything contained in the Policy, the Administrative Secretary to Government, Technical Education Department, Haryana with the prior approval of the Chief Minister, Haryana, shall be competent to transfer a Lecturer to any place in relaxation of any or all of the above provision after recording reasons justifying such relaxation.

12. CODE OF CONDUCT

All Lecturers are expected to observe the Haryana Civil Services (Government Employee Conduct) Rules, 2016. Any deviation in this regard will be viewed seriously and disciplinary action as warranted under rules shall be taken.

13. 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.

14. OUT OF CADRE TRANSFER

Any lecturer can be transferred and posted in any Department/Board/Corporation of the State by the competent authority in public interest and administrative exigencies, manually and he/she 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.

ANAND MOHAN SHARAN, Additional Chief Secretary to Government Haryana, Higher Education Department.

10491—C.S.—H.G.P., Pkl.