No. X-12/6/2021-SPN-II(Pt.)
Dated: 12.10.2022
Subject: Relieving of official(s) approved for transfer under Rule 38 — reg.
Download Rule 38 Transfer Officials relieving in PDF
I am directed to refer to above mentioned subject and to say that instruction contained in letter no. X-12/6/2021-SPN-II dated 31.12.2021 provides that Inter-Circle transfer orders will be issued by Circles by 25th of the month (in manual environment) and the official(s) approved for transfer will be relieved by 20th of next month.
2. Directorate has come across various instances wherein relieving of official(s) approved for transfer get inordinately delayed. It is observed that the prevailing process of relieving employees are time consuming and it seems to be impractical to meet existing timelines.
3. The matter has been examined and in order to make relieving of the employees hassle-free, following instructions are issued for strict compliance:
(a) Transfer orders available in portal for download by Circle / Division /Employee shall be treated as final order for execution, without awaiting any communication / endorsement from Circle Office / Regional Office.
(b) Relieving of the official shall not be subject to receipt of posting order from new unit. Official approved for transfer under Rule 38 shall invariably be relieved within 20 days of issue of order, unless there is specific written request from the official to delay the relieving, which can be allowed for a maximum of 90 days. Therefore, based on the approved list of transfers, all units should issue the posting order of the official a for transfer from other unit immediately.
(c) Even if posting order has not been issued / received till relieving of official, the official shall report to new unit and thereafter posting order can be issued. Intervening period from date of reporting to date of posting in new unit will be treated as ‘Compulsory wait / under posting and pay an allowances for such period will be drawn by new unit
(d) Transferee unit shall ensure that. official approved for transfer under Rule 38 is posted in the new unit within a period of 20 days from the date of issuance of order.
4. Provision for capturing date of relieving is being made in the portal where Controlling officer concerned will feed inputs. Circle will monitor this aspect to ensure that relieving of officials approved for transfer are not delayed in any circumstances except on personal written request of the official concerned or where disciplinary case is pending against the official.
5. These instructions may be brought to the notice of all concerned.
