In terms of instructions contained in this Ministry’s letter of even number dated 14-08-2007, mutual transfers have been restricted between employees belonging to the same community as the change disturbs roster points in post based roster. However, no restriction has been imposed on transfer on bottom seniority in recruitment grades. In the context of these instructions, the following doubts have been raised:
[i] Whether the restriction does not apply to employees belonging to OBCs as the same has not been mentioned in the instructions ibid; and
[ii] Whether the restrictions on mutual transfer will apply when such transfers take place in recruitment grades.
2. The matter has been considered carefully and the same is clarified item-wise as under:
[i] There being no reservation in posts filled by promotion for OBCs, the term ‘General’ should include OBCs also. In other words, staff belonging to General /OBC categories may contract mutual transfers with staff belonging to General / OBC.
[ii] In view of the fact that the instructions do not impose any restriction on transfer on request on bottom seniority in recruitment grades mutual transfers in the recruitment grades will also be allowed without restriction provided:
[a] the posts in the grade are entirely filled by direct recruitment from open market; e.g. the category of Staff Nurse in grade Rs.5000-8000; and
[b] in cases where posts in the grade are partly filled by promotion and partly by direct recruitment, both the employees seeking mutual transfer should have been recruited directly from the open market; the intention being that both of them should be borne in the post-based rosters maintained for direct recruitment. In other words, if one or both the employees are borne in the post-based rosters maintained for promotion, the restriction on mutual transfer as per instructions dated 14-08-2007 will apply.