Rule 38 Transfer in Postal Department: Explained

Postal Directorate Orders

Hi friends, if you are associated with Department of Posts definitely you would have heard about Rule 38 Transfer in Postal Department. But many of you might be still not aware what Rule 38 Transfer is all about. Thus you are at the right place finally to get full explanation of what Rule 38 Transfer in Postal Department is all about.

What is Rule 38 Transfer in Postal Department?

To explain it simply, it is the Rule No.38 of Postal Manual Volume IV which explains about the transfer facility applicable to employees working in Department of Posts. This Rule governs the transfer rule of an employee from from one division to another division or from one Postal circle to the another Postal Circle. Before going into other details Check Postal Manual Volume IV from India Post Website Click Here

Latest India Post Guidelines on Rule 38 Transfer

The latest Guidelines on Rule 38 Transfer is contained in the Departments letter No.141-141/2013-SPB-II dated 17 January 2019. The same is reproduced below.

Transfer at one’s own request under Rule 38 of Postal Manual Volume IV

A. General Conditions:-

i. As a general rule, an official shall not be transferred from one unit to another, either within the same Circle, or to another Circle unless he has completed probation period satisfactorily.

ii. Transfer of an official when requested for own convenience, shall not be discouraged if they can be made without injury to the rights of others.

iii. As it is not possible to accommodate an official borne on one gradation list into another gradation list without injury to the other members in that gradation Iist, such transfers shall not ordinarily be allowed except by way of mutual exchange. Transfers by way of mutual exchange, if in themselves inherently unobjectionable, shall be allowed. But in order to safeguard the rights of employees borne in the gradation lists of both the offices, the official brought in shall take the place, in the new gradation list; that would have been assigned to him had he been originally recruited in that unit or the place vacated by the official with whom he exchanges appointment, whichever is the lower.

iv. When an official is transferred at his own request but without arranging for mutual exchange, he shall rank junior in the gradation list of the new unit to all officials of that unit on the date on which the official joins the new unit.

Download and Read Complete Order from Here

FAQ on Rule 38 Transfers in Department of Posts

1. An official shall not be transferred from one unit to another, either within the same Circle, or to another Circle unless he has completed? Probation period satisfactorily.

2. In order to safeguard the rights of employees borne in the gradation lists of both the offices, the official brought in by mutual transfer shall take the place, in the new gradation list? – That would have been assigned to him had he been originally recruited in that unit or the place vacated by the official with whom he exchanges appointment, whichever is the lower

3. What is the position in gradation list of an official, when he/she is transferred at his own request but without arranging for mutual exchange? – He shall rank junior in the gradation list of the new unit to all officials of that unit on the date on which the official joins the new unit

4. Whether an official transferred from one unit to another will be allowed to seek retransfer to his/her old unit? – Yes. However, such cases shall be considered as a fresh transfer case under RuIe 38 subject to all other provisions of these guidelines

5. Whether transfer under Rule 38 shall be permitted only against similar type/categories vacancy? – Yes

Direct Recruit shall be transferred against Direct Recruitment vacancy and promotee against a promotion vacancy. Further Unreserved (UR) candidate shall be transferred against UR vacancy, OBC candidate against OBC vacancy, SC candidate against SC vacancy and ST candidate against ST vacancy.

6. SC/ST/OBC candidate recruited against UR vacancy shall be considered as _____ for transfer under Rule 38? – SC/ST/OBC

7. Whether inter Circle and intra-Circle transfer from one distinct cadre to another viz. Post Offices to Circle Office, Regional Office, SBCO, Postal Assistant to Sorting Assistant etc. or vice versa is allowed under Rule 38 transfer? – NO

8. Whether condition of 2 years or probation period shall be applicable for Persons with Disabilities (PwD)? – NO

9. Condition of 2 years or probation period shall not be applicable if employee/his or her spouse/fully dependent children are suffering from Terminal illness. Such cases shall be referred to?- Postal Directorate

10. An official who has been transferred to a unit shall not be eligible for transfer under Rule 38 before completion of ____ years of service in new unit? – Two Years

11. Under RuIe 38, an official will be eligible for ____ Inter-Circle transfer and _____ Intra Circle transfer during entire service? – Two and Two

12. One additional chance for transfer in both the categories, viz. Inter Circle and Intra Circle, will be allowed to? – Persons with Disabilities (PwD)

13. An Assistant superintendent of Posts shall not be transferred under rule 38 to a circle where? – All his senior borne originally in the grade of Inspector posts of that circle are not promoted to Assistant Superintendent of Posts

14. Who is the authority competent to sanction Inter – Circle transfer? – Chief Postmaster General (CPMG) of both Circles

15. Who is the authority competent to sanction Intra – Circle transfer? – Chief Postmaster General concerned

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