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Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 154-2023/Ext.] CHANDIGARH, MONDAY, AUGUST 28, 2023 (BHADRA 6, 1945 SAKA)

HARYANA GOVERNMENT

LABOUR DEPARTMENT

Notification

The 28th August, 2023

No. 3/21/2023-3 Lab.— 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, namely:-

TITLE & OBJECTIVE: This policy may be called the “Online Transfer Policy for the posts of Labour

Inspector, Assistant and Clerk of Labour Department, Haryana”. This Policy is made to ensure equitable

distribution of Labour Inspector, Assistant and Clerk as the case may be at different locations/offices of the

Labour Department in a fair and transparent manner and to maximize job satisfaction amongst employees and

further to improve performance of the Labour Department.

APPLICATION:-This Policy shall be applicable to all Labour Inspectors, Assistants and Clerks, who are

members of State cadre, working on regular basis in the Labour Department of Haryana.

DEFINITIONS: In this policy, unless there is 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 children and spouse, women employees, women headed households, widows, widowers, couple

case, employee suffering from Diseases of Debilitating Disorder;

(c)

‘Prescribed Tenure’ means Employee may participate in the transfer drive subject to completion of

minimum two years service in a particular office & compulsory shifting after completion of four years

of service in a particular District/Headquarter.

(d)

‘Qualifying date’ shall be decided at the time the process of online transfer drive is initiated.

(e)

‘Service’ means duty period and all kinds of leave including extraordinary leave availed by any Labour

Inspector, Assistant and Clerk as the case may be during the prescribed tenure.

(f)

‘Transfer’ means posting/appointment from a particular office situated within or outside of a district or

the headquarters to another office situated within or outside of a district or the headquarters on or

before completion of prescribed tenure in one office situated within or outside of a particular district or

the headquarters;

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HARYANA GOVT. GAZ. (EXTRA.), AUG. 28, 2023 (BHDR. 6, 1945 SAKA)

(g)

‘Vacant Post for transfer’ means

(i)

a post not occupied by any Labour Inspector, Assistant and Clerk, as the case may be;

(ii)

a post presently occupied by any Labour Inspector, Assistant and Clerk, as the case may be, for a

period of four years or more;

(iii)

a post on which any Labour Inspector, Assistant and Clerk, as the case may be, has been

appointed by temporary transfer or due to non-availability of online transfer drive;

(iv)

a post occupied by any Labour Inspector, Assistant and Clerk, as the case may be, who has been

adjudged eligible and allowed by the competent authority to participate in the general transfer

drive even if he/she has not completed the prescribed tenure within or outside of a district or the

headquarters where he/she is presently posted.

Note-1. ---

Where there are Blocked Posts in a cadre the same shall be excluded from the

number of vacant posts for transfer.

Note-2. ---

The post against which any Labour Inspector, Assistant and Clerk has been

posted/transferred due to litigation 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 stakeholders. Depending upon input from stakeholders,

such list may be amended if required.

(h)

‘District’ & ‘Headquarters’ means an area/office prescribed by the competent authority for the

purpose of calculation of prescribed tenure and entitlement of any Labour Inspector, Assistant and

Clerk, as the case may be, for transfer within or outside of a district or the headquarters to another

office situated within or outside of a district or the headquarters under this policy;

GENERAL PRINCIPLES:

(i)

Time Scheduled for Online Transfers:

(a)

General transfers shall be made only online 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 shall be decided at the time the process of online transfer drive is initiated by

the Labour Department, Haryana.

(c)

Every Labour Inspector, Assistant and Clerk having 4 years continuous or more of stay/ tenure

within or outside of a district or the headquarters has to be compulsory shifted.

(d)

Any Labour Inspector, Assistants and Clerk who has completed 2 years stay/tenure in a

particular office within or outside of a district or the headquarters can opt for his transfer in an

office situated within or outside of a district or the headquarters.

(e)

In case, any Labour Inspector, Assistant and Clerk having continuous 4 years or more stay in a

particular office within or outside of a district the headquarters he/she cannot opt for the same

office within or outside of a district or the headquarters for next two years.

(f)

The posting of Labour Inspector, Assistant and Clerk as the case may be in a particular office

will be effected on the basis of the number of vacancies available in a particular office within or

outside of a district or the headquarters.

(g)

The number of vacancies (actual or deemed) within or outside of a district or the headquarters

will be arranged from highest to lowest, so that the office having highest vacancy will be filled

up first and the office with lowest vacancies will be filled up in the last. However, vacancies at

the headquarters shall have priority over any other office.

(ii)

Liable to be posted any where:

On completion of prescribed tenure, any Labour Inspector, Assistant and Clerk is liable to be

transferred under this policy in any office in any district or anywhere in State or to the headquarters in

public interest.

(iii) Computerization of relevant service record of employees:

The Labour Department shall ensure that service record of all the employees is uploaded on HRMS

Portal by the concerned DDO. The concerned DDO shall be responsible for the accuracy and regular

updation of data in the HRMS in respect of credentials of the employees. All the employees are also to

ensure that correct credentials have been provided to the concerned DDO, otherwise the department

shall be at liberty to post him anywhere in the State.

HARYANA GOVT. GAZ. (EXTRA.), AUG. 28, 2023 (BHDR. 6, 1945 SAKA)

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(iv)

Rationalization and Blocking of posts: To avoid disproportionate concentration of employees at a

particular station, the department should rationalize its sanctioned posts and block the posts to be kept

vacant in the transfer drive. However, in due course of time, 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.

MERIT CRITERIA FOR ALLOTMENT OF POST:

(a)

Merit for allotment of vacant post to any Labour Inspector, Assistant and Clerk, as the case may be,

shall be based on the total composite score of points earned by the concerned employee, out of total

80 points, as described below. The employee earning highest points shall be entitled to be posted

against a particular vacancy.

(b)

Age shall be the Prime Factor for deciding the claim of any Labour Inspector, Assistant and Clerk

against a vacant post, since it shall have weight-age of 60 points, out of total 80 points.

(c)

A weight-age of maximum 20 points can be availed by the Labour Inspector, Assistant and Clerk of

special categories as indicated below:-

(i)

Age: The first set of merit points will be the age of the Labour Inspector, Assistant and Clerk

concerned as enumerated below:-

Sr.

No.

Factor of Merit Points

Sub-Factor

Max.

Points

Criteria for

Calculation

Age

(Present

date

i.e.

(1st January of the year of

consideration minus date of

birth)

Eldest person shall

be given maximum

points

Age

number

days/365

(maximum four decimal

points only)

(ii)

Special Category:- The Second Set of merit points will come from the special categories

enumerated hereinafter:

Sr.

Factor of special

Category Points

Sub-Factor

Max.

Points

Explanation

Gender

Female

10 Points shall be

given to all female

Labour Inspector,

Assistant and Clerk.

Special Category of

female Labour

Inspector, Assistant and

Clerk

Widow/divorced/

legally

separated/

unmarried

female

employee of the Labour Inspector,

Assistant

and

Clerk

having

married with Military personal/

Paramilitary

personal

working

outside the State

All female of this

category shall be

given 10 marks

only

Special Category of

male Labour Inspector,

Assistant and Clerk

Widower/divorced/legally

separated who has not re-married

and has one or more minor

children and / or unmarried

daughter (s)

Eligible widowers

shall be given

5 points only.

Differently abled

persons

Vision

40% to 60%

disability=

10 Marks

Above 60% to

80%= 15 Marks

Above 80%= 20

marks

Locomotors

Deaf & Dumb

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HARYANA GOVT. GAZ. (EXTRA.), AUG. 28, 2023 (BHDR. 6, 1945 SAKA)

Diseases of

“Debilitating

Disorders” i.e.

(a)

Currently

suffering from

Cancer; or

(b)

Having undergone

by-pass heart

surgery; or

(c)

Kidney transplant;

(d)

Currently

undergoing

dialysis.

Self

Valid medical

certificate issued

during last one year

by AIIMS

(including its

branches in

Haryana), PGI

Rohtak, PGI

Khanpur Kalan,

Kalpana Chawla

Medical College

Karnal, PGI

Chandigarh,

Medical college of

Haryana

Government or a

medical board so

constituted.

Diseases of

“Debilitating

Disorders”

Spouse/Un-married Children

Valid medical

certificate issued

during last one year

by AIIMS

(including its

branches in

Haryana), PGI

Rohtak, PGI

Khanpur Kalan,

Kalpana Chawla

Medical College

Karnal, PGI

Chandigarh,

Medical college of

Haryana

Government or a

medical board so

constituted.

Differently abled or

mentally challenged

children

Male/Female employee having

mentally challenged or 100%

differently abled child.

Male/Female

employee having

mentally challenged

or 100% differently

abled children shall

be provided

maximum

10 points.

Couple case

Any employees whose spouse is

working

the

Haryana

Government Service.

Employees’ spouses

working in any

department/board/c

orporations under

any state Govt. or

Govt. of India.

ACR Performance

employee

earning

good

performance through ACR of last

three years.

Grading of ACR

Outstanding = 2

Very good = 1

Others =0

HARYANA GOVT. GAZ. (EXTRA.), AUG. 28, 2023 (BHDR. 6, 1945 SAKA)

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10.

Negative performance

employee

awarded

with

punishment during the service

under:

(i) Rule-4 (a)

(ii) Rule-4 (b) of Haryana Civil

Services (Punishment & Appeal

Rules, 2016)

(-)7

(-)3.5

Deduction of points

Under Rule

Punishment

awarded

(a)

(b)

1st

0.5

2nd

3rd

4th

5th and

above

3.5

Note:-

1. Both reductions to be made

if punished under both.

2. The negative marks will be

deducted from the maximum

admissible 20 merit points

(e)

The employees who are having 80% or more disabilities as defined in Section (i) of the

PwD Act, 1996 shall be given their choice of posting.

PROCEDURE TO BE ADOPTED:

(i)

In case of Labour Inspector, Assistant and Clerk who exhaust their preferred choices, before posting

them under "anywhere in the state" option, the Labour department shall again seek their options against

the remaining available posts at that point of time. A change in the transfer software has been made

accordingly so that they are not randomly posted too away from their places of posting.

(ii)

The option once exercised and confirmed by the employee shall be final and cannot be changed.

(iii)

Any Labour Inspector, Assistant and Clerk, who is due for superannuation within one year or less, shall

not be transferred from his place of posting against his will, even on completion of prescribed 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 transfer orders shall be implemented within 7 days of their issuance. The concerned DDO and

Treasury Officer shall not draw the salary of the Labour Inspector, Assistant and Clerk, who has not

complied with the said orders.

(vi)

A Committee headed by the Deputy Commissioner and comprising the CMO and District Officer of the

concerned Department (where the affect employees is working), may recommend deputation/temporary

transfer of an employee after the transfer drive, on the basis of genuine and compelling reasons. Such

recommendations shall be submitted on the web portal of the Department. The committee will

scrutinize such cases and send their recommendations to the Government which will be dealt under

relaxation clause of Transfer Policy.

(vii)

Online general transfer under this policy shall be treated as ‘transfer in public interest’ and in such case

the joining time and composite transfer grant shall be admissible, as per provisions made in Haryana

Civil Services Rules, 2016.

(viii) The employee aggrieved with the transfer can represent to the Administrative Secretary (Labour) after

joining at the new place of posting within 15 days of issuance of orders, on a grievance redressal forum

to be provided by the department for this purpose. The representation shall be considered in accordance

with the policy and appropriate decision shall be conveyed by passing a speaking order.

BAR AGAINST CANVASSING:

No Labour Inspector, Assistant and Clerk shall canvass for his/her case except through a representation to the

Head of Department or to higher authorities through proper channel. No relief can be sought except the relief

against the violation of any procedure as prescribed in para 6 above. However, all the other individual

representation shall be treated as an attempt to bring extraneous influence on the due process.

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HARYANA GOVT. GAZ. (EXTRA.), AUG. 28, 2023 (BHDR. 6, 1945 SAKA)

APPOINTMENT BY PROMOTION OR DIRECT RECRUITMENT:-

Any Labour Inspector, Assistant and Clerk, who joins through direct recruitment or by promotion/repatriation

shall be posted in a particular office within or outside of a district or the headquarters irrespective of this

policy, subject to availability of vacant post.

OPPORTUNITY OF EXEMPTION TO CERTAIN CATEGORIES:-

The following categories of Labour Inspector, Assistant and Clerk will not be transferred unless they desire to

participate in the online transfer drive:-

(a)

The employee, who is due for superannuation within one year or less.

(b)

Unmarried female employee upon her marriage for a period of one year from the date of marriage;

(c)

Married female employee upon divorce for a period of one year from the date of divorce;

(d)

Widow or widower employee on the death of spouse for a period of one year from date of the death of

spouse.

(e)

Upon re-marriage of the person mentioned in category (c) and (d) above, for a period of one year from

the date of marriage.

(f)

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.

10.

CLARIFICATION & IMPLEMENTATION:

In case of any doubt or difficulty in making out the true intention of the terms of this policy, the

Administrative Secretary of the Labour Department shall be the competent authority to clarify such doubt or

to remove such difficulty by passing a speaking order to this effect.

11.

POWER TO RELAX:-

Notwithstanding anything contained in the policy, the Administrative Secretary, Labour Department, Haryana

with the prior approval of the Chief Minister, Haryana, shall be competent to transfer any Labour Inspector,

Assistants and Clerks to any place in relaxation of any or all of the above provisions after recording reasons

justifying such relaxation.

ANURAG AGARWAL,

Principal Secretary to Government, Haryana,

Labour Department.

10568—C.S.—H.G.P., Pkl.