Clarification on Transfer to Lower Posts Under Fundamental Rule 15(a): Guidelines for Postal Employees
The Government of India’s Ministry of Communications has issued important clarifications regarding the transfer of postal employees to lower posts under Fundamental Rule (FR) 15(a). These guidelines aim to ensure the fair application of this rule while addressing concerns related to pay protection and seniority.
Order No.: 1-11/2016-SPN-II
Date: August 20, 2024
Issued by: Ministry of Communications, Department of Posts
Key Points on FR 15(a) Transfers
- Competent Authority for Transfer Decisions: The Chief Postmaster General of the concerned Postal Circle is the designated authority for deciding on requests for transfers to lower posts under FR 15(a). This authority has the discretion to accept or reject these requests.
- Concerns Over Routine Requests: The guidelines emphasize that some employees are submitting requests for transfer to lower posts primarily to benefit from pay protection. Such practices add financial burden on the public exchequer. As a result, the Ministry advises that these transfers should only be considered in exceptional cases, with thorough examination and approval based on recorded reasons.
- Seniority Fixation Rules: The Department of Personnel and Training (DOPT) issued guidelines (OM No. 20011/1/2008-Estt(D) dated 10.11.2010) regarding seniority fixation for employees requesting transfers to lower posts under FR 15(a). These rules specify that employees who request such transfers will be placed below all regularly appointed officers in the lower grade as of the date of their transfer.
- Promotion Eligibility: Employees transferred to lower posts under FR 15(a) cannot be considered for promotion based on their previous service. Their eligibility for promotion will be determined only after they complete the requisite length of service from the date of their transfer to the lower post. This ensures that seniority and promotion processes remain fair for all employees.
- Advisory to Postal Circles: All postal circles have been advised to strictly follow these guidelines when handling transfer requests. The seniority and promotion of transferred employees should be managed in alignment with the principles laid out by DOPT.
Conclusion
The circular reiterates the importance of adhering to the guidelines for FR 15(a) transfers, especially regarding pay protection and seniority. Postal circles must ensure that requests are evaluated on a case-by-case basis, with approval granted only in rare cases where it is justified. By enforcing these measures, this aims to maintain a fair and transparent system for transfers within the postal department.
Issued by:
Vangara Prasad, Assistant Director General (SPN)
Ministry of Communications, Department of Posts
Source: CEPT
