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EMRS Transfer Policy

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0% found this document useful (0 votes)
377 views36 pages

EMRS Transfer Policy

Uploaded by

bhaskar124970
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

No.

NESTS/H-1/58/Policy/2024-25 Dated: 23/12/2024


E-Office No. 29003

To,
The Commissioner/Member Secretary/Director
State/UT EMRS Society

Subject: Transfer Policy-2024.

Please find attached “Transfer Policy-2024”, which was approved in the 15th GBM
meeting of NESTS, for your information and necessary action. This policy will come into force with
immediate effect.

-sd-
Encl: As above (Anupam Sonalkar)
Joint Commissioner
Copy to:
1. Principal Secretary, State/UT EMRS Society
2. All Principals, NESTS
3. PA to Commissioner, NESTS
National Education Society for Tribal students
Transfer Policy-2024

INTRODUCTION
Transfer policy of any organization (having pan-India presence) is
dynamic in character and reviewing and revision are inherent in its making.
Transfer policy of NESTS aims to offer equitable opportunity to all employees
of NESTS to opt stations of their choice for seeking transfer as per their
eligibility / priority and provide sufficient man power for smooth functioning
of its units/offices. The transfer system in NESTS will be governed by a well-
defined Transfer Policy and subsequent guidelines / clarification which will
be issued from time to time with a view to facilitate the employees to avail
transfer with utmost transparency and accuracy.

1. TRANSFER POLICY

The policy and the provisions are being detailed hereunder in the
following heads:

• Broad objectives of the transfer policy


• Basic principles/guidelines.
• Broad categories of transfer
• Ensuring availability of female teachers to look after girls
• Types of vacancy
• Cut-off date of transfer drive
• Eligibility criteria for seeking transfer (normal/non-priority
category)
• Eligibility criteria for seeking transfer (priority category)
• Transfer of employee into or out of Hard/LWE stations.
• Provision of Cumulative tenure count (administrative transfers)
• Provision for weightage to multiple priority
• Displacement transfer (Provision / eligibility)
• Provision for protected deemed employee
• Order of priority for executing transfer
• Rules of allotment (of station) in request transfer

Page 1 of 35
• Rules of tie breaking
• Rules for admissibility of Transfer TA
• Grievance redressal Mechanism
• Power of relaxation of guidelines
• Interpretation of guidelines
• Safeguard against extraneous influence
• Operative elements of transfer drive
• Reference
• Annexures

2. OBJECTIVE
(a) NESTS shall strive to maintain equitable distribution of its
employees, through its transfer policy, in a transparent way to
ensure efficient functioning of the organization, with special regard
to protect academic interest of students and optimize job
satisfaction amongst employees.

(b) Employees are liable to be transferred anywhere in India at any


point of time and transfer to a desired location cannot be claimed
as a matter of right. While effecting transfer, the organizational
interest shall be given uppermost consideration and the problems
and constraints of employees shall remain subservient.

3. BASIC PRINCIPLES/GUIDELINES
(a) Transfer/posting to a choice place/desired station shall not be
claimed as a matter of right.
(b) Transfer of an employee in NESTS shall be based on tenure of service
at the present station in the present post. Some crucial determinants
for transfer are as under:
i) Availability of Vacancy.
ii) Eligibility.
iii) Priority factors such as Disability, Serious Ailments, Spouse
working at a station, Single Lady and Due for Retirement (DFR)
status of an employee.
iv) Redeployment of surplus staff to other location against available
vacancy.
v) Redeployment of employee from a station to other station for
optimum/proper utilization of human resources (man power).
vi) Posting in Home District which is not permitted.

Page 2 of 35
vii) Shifting of employee from a station where his/her further
continuation is not in the interest of the station.

(c) A period of 03 years as lock-in shall remain applicable on all kinds of


transfer and posting for new recruitee on direct recruitment (on
probation) as well as posting of old (existing) employee on promotion
except for priority category and also the administrative transfer at
clause 4.1(c)(v). [Refer to clause of Priority cases, Cumulative tenure &
DFR provisions, wherever applicable]
(d) An employee on transfer from one station to the other station shall not
be considered for request transfer before he/she completes the
prescribed mandatory tenure (as applicable cadre/station/priority
wise) at his/her new place of posting. [Refer to clause of Priority cases,
Cumulative tenure & DFR provisions, wherever applicable]

(e) An employee on initial posting after recruitment/promotion will not be


considered for request transfer before he/she completes the
prescribed mandatory tenure at his/her initial place of posting, in the
present post.

(f) An employee recruited under Special Recruitment Drive for NER/Hard


stations shall not be considered for transfer out of region before the
completion of mandatory tenure as mentioned in the notification of
said recruitment drive. The counting of mandatory tenure shall be
made from the actual date of joining of the incumbent under such
drive. However, his/her transfer may be considered from one EMRS to
another after completion of three years of service within the notified
areas of NER & Hard stations (as the case may be) for which they have
been recruited. Execution of transfer of such employees should be as
per the transfer policy.

(g) Leave/absence of any kind of more than 60 days in a single span or


120 days in an academic year counted from April to next March
(except due to Maternity Leave) in a single span, availed by the official,
shall not be counted for determining total period of stay for deciding
eligibility towards seeking transfer. However, such absence shall not
make any difference in declaring status of an employee/official
deemed or compulsory deemed. The provision is equally applicable on
all cadres of employees.

(h) No employee shall be posted back to a station from where he/she has
been transferred on the administrative (with or without disciplinary)
grounds.

Page 3 of 35
(i) No employee of the NESTS, shall be transferred to his/her home
district. In case of NESTS Spouse, neither of the members of spouse
shall be allowed for posting to a station which is a home town of either
of the spouse counterparts of such spouse.

(j) Transfer on request will normally be made in April of the year.


However, transfers on account of disability and / or serious ailment,
when it is not practicable to defer the transfer till next year without
causing serious danger to the life of the employee, his ailing
spouse/son/daughter, may be effected by authority at any time
during the year against available actual vacancy to ensure proper
treatment and / or rehabilitation to save life of the employee.

(k) Transfer orders issued by the NESTS on request basis with due
approval of the competent authority will not be cancelled.

(l) Attempt to bring any political or other outside influence for transfer on
any superior authority of the Samiti shall be treated as misconduct
and would be liable for disciplinary action under CCS (CCA) Rules.

(m) As initial posting on either recruitment or promotion shall always be a


matter of administrative requirement of the NESTS in view of
providing man power to EMRS based on the academic and
administrative necessity, hence transfer provisions are not applicable
for posting on direct recruitment or promotion.

(n) Employees “Due for Retirement” within two succeeding years as on


cut-off date of the transfer year, hitherto termed as DFR, shall be
allowed to continue at their present station till retirement unless such
employee requests for transfer.

(o) Efforts will be made to ensure that persons with benchmark


disabilities are posted closer to their home town subject to availability
of vacancies and other provision of these guidelines.

(p) These guidelines regarding transfer are meant essentially for the
internal use of the NESTS and do not vest any employee with any
right.

4. VARIOUS PROVISIONS:
The prime feature of the transfer of employees in NESTS shall be “on request
basis” subject to other parameters as defined through various provisions. However,
transfer in NESTS shall be categorized into following major heads:

4.1. BROAD CATEGORY OF TRANSFER:

Page 4 of 35
a. Request Transfer: The transfer shall be brought into effect from
one station to the other based on the request of the eligible
employee. Such transfer is applicable to all cadres of employees.
For availing transfer-on-request, participation in transfer drive is
mandatory. Provision will be made in the online transfer portal to
submit options for request transfers.

b. Displacement Transfer: Transfer of an employee (who has


completed prescribed maximum tenure as per guidelines) from the
present place of posting to a new station/place shall be brought
into effect for the purpose of accommodating another incoming
eligible employee-on-transfer in his/her place. Such transfer shall
be a consequence of usual/normal transfer drive wherein employee
primarily gets intimated about his/her displaceable (deemed)
status and even after given opportunity for request transfer, does
not get transfer to choice station. Therefore, displacement transfer
shall not be considered as administrative transfer. All cadres of
employees shall be liable to displacement subject to fulfillment of
the eligibility criteria of displacement. Displacement transfer is
subject to declaration of employee status as deemed and hence it
may commence irrespective of participation of employee. [Also refer
to clause protection accorded to PwBD and DFR]

c. Administrative Transfer: The transfer which is effected by the


NESTS suo moto in the exigencies of service and administration as
well as in public interest. Through such transfer, NESTS shall
ordinarily:

i) Redeploy surplus staff at a location against sanctioned


vacancies or due to abolition of post at that location. Such
redeployment shall be effected in the very first instance against
the available vacancies within the region and in case no vacancy
is available within the same Region, then in adjoining Regions.
While redeploying the surplus staff, administrative / academic
requirement and proper utilization of the human resource shall,
above all, be the predominant criteria.

ii) Redeploy an employee from his present station to any other


station in public interest in exigency of the services as may
deem fit by competent authority of NESTS.

iii) Balance the Male-Female ratio of Teaching cadre employees in a


EMRS as mentioned at point 4.2

iv) Transfer of an employee whose continuation at particular


station is not conducive from administrative point of view. Such

Page 5 of 35
transfer may be executed based on certain inquiry
(preliminary/detailed) as considered deemed fit in the case and
after recording reasons of such transfer. Therefore, such
transfer shall be of two types:
a) Administrative Transfer with Disciplinary Proceedings.
b) Administrative transfer without Disciplinary Proceedings.
[Refer to provision of cumulative tenure count for securing eligibility
of employee on administrative transfers – Clause no.4.8].

v) Lock-in period clause mentioned at 3(c) is not applicable for


effecting administrative transfer.

4.2. ENSURING AVAILABILITY OF FEMALE TEACHERS TO LOOK


AFTER THE GIRLS.
EMRS is a co-educational residential school. It is very essential to
have female teachers to guide the girls from Classes VI to XII and
also to oversee residential administration along with ensuring
safety and security of the girl students. All efforts will be made to
post / transfer female teachers in EMRS in such a way that the
strength of female teachers in a EMRS is not less than 20% and
not more than 60% of the teaching cadre, in any case. (Refer to
para 4.1(c)(iii) of administrative transfer regarding the Male-Female
Ratio)

4.3. TYPE OF VACANCY:


There shall be two major categories of vacancy:
a. Actual Vacancy: All clear-cut vacancies as on date including
retirement cases as on cut-off date (as notified by NESTS through
its guidelines from time to time) shall be taken as actual vacancy.

b. Deemed Vacancy: The status of employee completing prescribed


maximum tenure of service (as per guidelines) at his/her present
station in present post, shall be declared as “Deemed to be
vacant” or “Deemed Vacancy” or simply “Deemed”. Deemed
vacancy being a vacancy, such declared place shall be allotted to
an eligible employee, if opted by him/her.

c. Vacancies displayed to employees for transfer purpose shall always


be tentative as its status may change due to administrative
exigencies like suspension/revocation of suspension/transfer on
administrative reasons/transfer & posting effected as per direction
of Hon’ble court/transfer effected under relaxation of provisions of
transfer policy / appointment / promotion / resignation /
retirement / termination / death of an employee. Thus, actual
allotment of stations shall be based on the status of vacancy on the
day of raising transfer list. Therefore, Competent Authority, NESTS

Page 6 of 35
deserves the right for updating (inclusion/exclusion) of vacancies
depending on administrative exigencies as well as interest of the
organization.
4.4. CUT-OFF DATE OF TRANSFER DRIVE:
The cut-off date for all kinds of eligibility shall ordinarily be 31st of
March of the year of transfer drive. However, vacancy arising out due
to retirement of the incumbent shall be counted as on 30th of April of
the transfer year. Decision regarding cut-off date is intended to
facilitate administrative execution of transfer drive, movement of
employees to their allotted station and streamlining the academic
requirement. Therefore, change in cut-off date, if any due to
administrative exigency, shall be notified through its guidelines well
before launch of transfer drive.

4.5. ELIGIBILITY CRITERIA FOR SEEKING TRANSFER


(Normal/non-priority category):
An employee shall acquire eligibility to seek transfer in NESTS based
on completion of prescribed tenure of service rendered at present
station in present post (refer to cumulative tenure wherever
applicable). The prescribed tenure of different cadres of employees for
seeking transfer-on-request is as under;
S. Post/Cadre Normal tenure
No. prescribed at one
station (in years)
1. Principal / Vice Principal / 05 years
Accountant

2. PGT / TGT (Hindi, English, 07 years


Mathematics, Science, Social
Science)/ Art Teacher, Music Teacher,
PET, Librarian/ Counselor/Staff
Nurse /Catering Assistant/ Hostel
Warden / Senior Secretariat Assistant
/ Junior Secretariat Assistant

3. Teaching Staff recruited under As mentioned in


“Special Recruitment Drive” conducted notification of such
by NESTS with a pre-condition to recruitment and in the
serve at particular station/area for offer of appointment
pre-fixed term.

4. Driver / Electrician-cum-plumber / 03 years


Lab. Attendant / Cook / Mess Helper
/ Chowkidar / Sweeper/ Gardener

4.6. ELIGIBILITY CRITERIA FOR SEEKING TRANSFER (Priority


category):

Page 7 of 35
Details of priority categories are as under: -

a) PwBD Category: Status of an employee shall be considered under


priority category of PwBD for transfer purposes, if he/she, his/her
spouse and dependent son/daughter are differently abled to the
extent of at least 40 per cent and above, subject to production of
the valid certificate issued by the competent Govt. Medical Board.
PwBD certificate having re-assessment clause, must be renewed
prior to expiry of the period.

b) Spouse Category: Transfer of husband/wife at one station for


unification or nearby station (DOPT OM No.:28034/9/2009-
Estt.(A) dated 30th September, 2009) has been a vital factor of
transfer system of NESTS. Employee of NESTS having working
spouse shall be considered under valid spouse category for seeking
transfer on satisfying any of the conditions given below:
i) his/her spouse is a permanent employee on regular basis in
same organization i.e., NESTS.
ii) his/her spouse is a permanent employee on regular basis in
Central Govt Office/Department.
iii) his/her spouse is a permanent employee on regular basis in
Central Govt PSU.
iv) his/her spouse is a permanent employee on regular basis in
State Govt Office/Department.
v) his/her spouse is a permanent employee on regular basis in
State Govt. PSU.

While defining permanent employee on regular basis for


claiming “Valid Spouse Status”, it shall be meant that the
working spouse should be a full fledged, full timer employee,
against a permanent post in Govt. office/department as a regular
employee drawing standard salary and perks for the cadre of
service. Any Ad hoc or substitute arrangement shall not come
under the defined terms of Government Servant.

The NESTS employee whose working spouse in


NESTS/Central/State Govt service, does not conform to above
conditions or otherwise governed by separate service rules other
than the standard NESTS/Central/State Govt. service rules, shall
not be treated under “Valid Spouse Category” for seeking
transfer/relaxation under priority category of spouse.

Allotment of a station under spouse priority category is subject


to availability of vacancy, eligibility, station seniority, priority
status and other applicable parameters. Merely having a working
spouse and opting a station may not render any NESTS employee

Page 8 of 35
to seek transfer to desired station in the name of spouse priority /
unification. In view of providing better opportunity to spouse for
their unification, the transfer under spouse category shall be
governed in following order of priority:
i. NESTS Spouse
ii. Central / State Govt. (including PSU) Spouse
Any NESTS employee satisfying above clauses and posted
anywhere in India shall claim transfer under Spouse priority
category. [Refer separately to “Valid Spouse Category” for availing
protection from displacement under provision for Protected Deemed
employee].

Certificate claiming priority / relaxation under spouse category


shall always be the latest one. Any old certificate shall invite
complete rejection of the priority claim of the concerned employee.

c) Single Lady Category: NESTS is committed to facilitate working


Single Lady of the organization by extending her the status of
priority category and provide better opportunity to settle herself by
seeking request transfer to station of their choice and work with
ease. Following female employee shall be considered under single
lady category:

i) Unmarried Lady: Unmarried female employee of NESTS, on


production of relevant certificate (in Annexure – I) by the EMRS
in prescribed format based on declaration made by the employee
and entry made in service book thereof. Unmarried Lady shall
be debarred of the provision of Single Lady, once undergone
marriage prior to transfer drive.

ii) Widow (lady): The female employee of NESTS whose husband


has expired. Her claim of priority is subject to production of
death certificate (issued by the competent district authority) of
her husband and its entry into the service book. The copy of the
death certificate (of spouse) must be self attested by the
claiming employee and verified/countersigned by the Principal
of the EMRS. Death certificate of husband must be enclosed
along with certificate issued by the Principal in Annexure – I.
Widow Lady shall be debarred of the provision of Single Lady,
once undergone remarriage prior to transfer drive.

iii) Divorced Lady: The female employee who has been legally
separated from her husband shall be treated under priority of
single lady subject to production of the valid separation decree
from the court of law and proper entry of the same in service
book of the employee. Any issue of divorce which is under trial

Page 9 of 35
in court of law shall not make the ground for availing priority in
the name of divorced female employee. The certificate for claim
of priority should be in the prescribed format (Annexure – I).
Divorced Lady shall be debarred of the provision of Single Lady,
once undergone remarriage prior to transfer drive.

Certificate claiming priority / relaxation under Single Lady


category shall always be the latest one. Any old certificate shall
invite complete rejection of the priority claim of the concerned
employee.

d) Serious Ailment (Medical Category): Status of an employee shall


be considered under Medical priority Category for transfer, if
he/she, his/her spouse and dependent son/daughter are suffering
from any of the enlisted serious ailments as mentioned in
Annexure – III of Transfer Policy. Production of valid certificate
from CMO/CMS/Civil Surgeon of the district medical
administration or countersignature of CMO/CMS/Civil Surgeon
(if certificate is not issued by such medical authority) is a
mandatory requirement to claim priority/relaxation under medical
category. With a view of acquiring stability in status of the claimant
involving detection / treatment / surgery and rehabilitation, a
maximum period of 05 years shall uniformly be treated as valid
period for availing priority in all kinds of enlisted serious ailments
for the purpose of availing transfer on medical grounds. This
interpretation facilitates that an employee can claim transfer on
priority of medical grounds, only if the date of detection /
treatment and/or surgery (if undergone at a later stage) falls within
05 years prior to cut-off date of transfer drive (year). Ailment
detected or surgery involved after the cut-off date shall not form
the basis of availing transfer in the year of transfer drive.

It is to clarify that priority / relaxation on medical grounds shall


be based on the certificate compulsorily reflecting date of detection
and/or surgery of the valid serious ailment. Therefore, certificate
issued in respect of follow-up treatment of any valid ailment shall
not be considered as valid certificate for availing priority under
medical category.

e) Due For Retirement (DFR) Category:


In view of facilitating employee approaching superannuation,
“Eligibility” and “Priority” shall be accorded to the employee coming
under DFR category to seek transfer without restricting him/her
with any mandatory tenure after they attain 58 years of age by cut-
off date of the transfer year. This means that only mandatory

Page 10 of 35
tenure shall be relaxed and other priority clauses shall be kept
applicable as per existing provisions. Therefore, an employee
availing transfer at the age of 57 years on priority grounds of PwBD
/Medical/Spouse/Single Lady, he/she shall not be eligible to seek
transfer in consecutive year under any of these priorities due to
provision of lock-in period. However, he can avail transfer under
DFR category. Once transfer is availed, no further transfer will be
entertained except administrative transfer.

This provision shall be considered applicable at par to all cadres


for general transfer. The tenure of eligibility for different priority
categories shall be as under:
S. Priority Post/Cadre Mandatory Tenure
No. prescribed at present
station (in years)
1. PwBD Category All Cadres 02 years at present
station.

2. Single Lady All Cadres 02 years at present


(Unmarried Lady / station.
Widow Lady /
Divorced Lady)

3. Spouse Category All Cadres 02 years at present


(NESTS/Central station.
Govt./State Govt.
Spouse including
PSU)

4. Serious Ailment All Cadres 02 years at present


(Medical Category) station.

5. DFR Category All Cadres Once transfer is


availed, no further
transfer will be
entertained except
administrative
transfer.

f. Only employee (self), his/her spouse and son/daughter shall form


the basis for claiming transfer under priority category of PwBD and
Serious Ailment (Medical). Father, mother, brother, sister and other
relatives of the employee shall not make the criteria for claiming
transfer under priority despite being dependant on the employee
concerned.

g. Claim of priority by an employee shall be subject to production of


valid certificate for claiming such priority at the time of launch of
transfer drive of a transfer year. In order to maintain uniformity in

Page 11 of 35
scrutiny of the claim, proforma of certificate has been developed
and annexed. Such proforma, along with notified instructions on it,
shall serve as a part of policy document.

h. It is to note that there is no provision of uploading any certificate at


the back end (HQ level). Therefore, late production of certificate
may not entitle the claimant for benefit of priority category.

i. Merely production of a certificate by competent authority shall not


entitle an employee for benefit of priority category. It is subject to
further satisfying all clauses/criteria prescribed for being under
claimed priority category. Following conditions shall invite
complete rejection of the claim of employees for his/her status
under priority category.

i) Non production of valid certificate (in the given proforma)


prior to declaration of vacancy in public domain.
ii) Priority claimed by the employee is not conforming to the
prescribed parameters.
iii) Certificate neither issued nor countersigned by the
competent authority.
iv) The submitted certificate is not in the prescribed format.
v) Certificate produced in part (not showing all fields and
instructions of the prescribed format).
vi) Certificate does not have the complete details (of
information) as asked in the prescribed format.

j. If an employee avails transfer under any of the


priority categories, there shall be a cap of 05 years on him/her
for seeking next transfer under any priority category again. It
is to make clear that an employee may qualify for one or multiple
priority categories for seeking transfer. If that employee avails
transfer claiming any or multiple priority categories, he/she shall
not be eligible to seek transfer for next 05 years under same or any
other priority category. Therefore, employee shall opt stations
meticulously while claiming transfer under priority category.
However, he/she may seek transfer to Hard station under
Willingness category. [Also refer to clause of DFR category for
eligibility of transfer wherever applicable].

4.7 ELIGIBILITY / PROVISION FOR TRANSFER OF EMPLOYEE INTO


AND OUT OF HARD (HARD/LWE) STATIONS:
a. In view of maintaining the quality education and administration
of the resident students of NESTS of hard stations, one of the

Page 12 of 35
priorities of the NESTS is to fill up the vacancies of teaching
staff in hard / LWE stations. Therefore, one mandatory tenure
of posting in hard / LWE stations shall be compulsory for the
teaching employees (TGT and above) of EMRS cadre.

b. To provide sufficient man power to NESTS under hard stations,


NESTS shall fill the vacant posts in four ways;
i) by posting the employees of normal/plain station who are
willing to serve in hard stations.

ii) by displacing the employee working at stations other than


hard/LWE and who have not served in hard station
earlier and also have not given their willingness to serve
there.

iii) by posting of employees on his/her initial posting on


recruitment or on promotion to hard station.

iv) by conducting Special Recruitment Drive for teaching staff


of EMRS cadres for Hard station.

c. Other priority of the NESTS is to provide sufficient opportunity


for transfer to those employees who are serving at hard stations
and willing for transfer outside of hard station as per eligibility.

d. Another priority of the NESTS is to pay due attention to


employees who are serving in hard station and willing to change
stations within hard stations.

e. In view of facilitating transfer of employee into or out of hard /


LWE station, special tenure, as mentioned below, has been
defined:

S. Priority Post/Cadre Mandatory Tenure


No. prescribed at
present station (in
years)
1. Transfer from All Cadres 03 years at
Normal/Plain present Normal /
station to Hard / Plain station.
LWE station on
Willingness.
2. Transfer from Hard All Cadres 03 years at
Station. present hard

Page 13 of 35
station.
3. Transfer from LWE All Cadres 03 years at
Station. present LWE
station.
4. (a) Employee serving at hard station and seeking transfer
to another hard station shall be considered for transfer
under “Hard station category” only. Being already at
hard station, such employee shall not be considered for
transfer to another hard station under the category of
“Willingness to Serve Hard Stations” as provision of
willingness to serve hard station applies only to
employee serving at Plain (Normal) station.
(b) Tenure for according eligibility to employees of
different types of hard station is different. However, for
processing of the request of transfer for priority, all of
them stand at par with one another.
(c) The provision of tenure for transfer under Hard /
LWE category is not mandatory for cadres like Driver,
Electrician-cum-plumber, Lab. Attendant, Cook, Mess
Helper, Chowkidar and Sweeper. However, they will hold
the benefit of priority while deciding merit for allotment
of station.

f. Service in hard station is a region-specific feature. Therefore,


change of station by an employee from a hard/LWE station to
the other hard/LWE station (interchangeably among types of
hard stations) within the hard stations of the same region,
shall count for continued service in hard station subject to
completion of 2 years in the present station [Refer to provision
for cumulative tenure of hard station for counting of cumulative
tenure wherever applicable – Clause no.4.7 (i)].

g. Change of station by an employee on taking transfer from hard


/LWE station of one region to any of the plain/normal stations
shall count for transfer from “hard to outside hard station”.
Similarly, transfer from hard/LWE station of one region to the
other hard/LWE station of the other region shall be meant for
transfer out of hard station and, thus, shall not count for
continued service in hard station.

h. List of all Hard / LWE Stations will be notified separately by


following the due procedure.

Page 14 of 35
i. Benefit of cumulative tenure for eligibility to employees
working in hard station: If an employee has successfully
worked in different EMRSs in Hard/LWE stations of a region in
a row in the current spell, the tenure of immediate previous
station shall be used as a cumulative factor to determine
his/her eligibility (for transfer) from present station subject to
qualifying 2 years service at the present station. The governing
provisions of cumulative tenure shall further be as under:

i. If an employee serving at present hard station, is eligible


by virtue of his tenure at present station, the provision of
cumulative tenure count shall not be extended to him.

ii. If an employee serving at present hard station, is not


eligible by virtue of his tenure at present hard station, his
tenure of service at immediate previous hard station (of
the same region) shall be the deciding factor of his
eligibility. If he is eligible to seek request transfer due to
stay at his immediate previous station, he shall be
considered eligible to seek transfer due to stay at his
immediate previous station only subject to lower hard
station’s category (between present and immediate
previous station).

iii. If an employee serving at hard station, employee is neither


eligible by virtue of his tenure at present hard station nor
his tenure at previous hard station (of the same region),
his tenure of eligibility shall be decided by cumulating the
tenure of present hard station and immediate previous
hard station of the same region, restricting the eligibility
to lower hard station’s category (between present and
immediate previous station).

iv. It is to clarify that such provision of cumulative tenure


of hard stations shall be region specific and shall not
be applicable for two different hard stations of different
regions.

v. By mentioning hard station, it implies for hard and LWE


stations interchangeably among such stations.

j. Provision of Cumulative Tenure Count (in hard stations) is


aimed to facilitate employees to acquire eligibility by

Page 15 of 35
safeguarding tenure of the immediate previous station (of the
same region).

4.8 PROVISION OF CUMULATIVE TENURE COUNT (SAFEGUARDING


ELIGIBILITY IN ADMINSTRATIVE TRANSFERS):
NESTS intends to address the plight of those employees who lose
tenure of service of a station and consequently, lose eligibility in
transfer system, if given transfer out of turn (out of usual transfer
drive) at any point of time due to some or the other valid reason under
administrative compulsions. Therefore, provision has been made to
safeguard and validate the tenure of previous station in such cases of
transfer in following manner and methodology:

a. Following administrative compulsions shall be considered under this


provision:
i) Administrative Transfer without Disciplinary proceedings.
ii) Administrative Transfer with Disciplinary proceedings.
iii) Administrative Redeployment of surplus staff.
iv) Transfer of employee in public interest.

b. Provision of cumulative tenure count in administrative transfer cases


shall be applicable on present station and restricted to consideration
of tenure of immediate previous station only (from where he was given
transfer on administrative grounds).

c. As the provision of Admin Cumulative Count is not region specific


character, tenure of immediate previous station of any region shall be
considered for safeguarding eligibility for seeking transfer under this
provision.

d. To secure eligibility of an employee on transfer under administrative


compulsions, the provisions of cumulative tenure count shall be
applicable in following manner:
i. If an employee serving at a station is eligible by virtue of
his stay at present station itself, there shall be no
counting of tenure of the immediate previous station to
decide his/her eligibility, even if the employee’s stay at
present station is due to administrative transfer from the
previous station.

ii. If an employee serving at a station (due to administrative


transfer) is not eligible by virtue of his stay at present
station, his tenure of service at immediate previous
station shall be the deciding factor of his eligibility. If he is
eligible to seek transfer due to stay at his immediate

Page 16 of 35
previous station he shall be taken eligible on the basis of
immediate previous station only.

iii. If an employee serving at a station (due to administrative


transfer) is neither eligible by virtue of his stay at present
station nor his tenure of service at immediate previous
station, his tenure of eligibility shall be decided by
cumulating the tenure of present station and immediate
previous station restricting the eligibility on overall lower
station type (between present and immediate previous
station).

iv. A lock-in period of 02 years shall be imposed on employee


whose stay at present station is a consequence of
“Administrative Transfer with Disciplinary
Proceedings” and seek eligibility for next transfer by
adding tenure of present and immediate previous station.
Employee in such condition can avail transfer with benefit
of cumulative provision on completion of 02 years of
service at present station only.
e. It is to note that availing transfer on priority of PwBD
/Spouse/Medical/ Single Lady/DFR is a matter of eligibility
exclusively at present station. Therefore, in cases of availing admin
cumulative tenure count (of both present and immediate previous
station), the transfer under priority of PwBD /Medical/Spouse/Single
Lady/DFR shall always be subject to completion of the prescribed
tenure at present station only.

f. Provision of Cumulative Tenure Count (in administrative transfers) is


aimed to facilitate employees to acquire eligibility by safeguarding
tenure of the immediate previous station.

4.9DISPLACEMENT TRANSFER (ELIGIBILITY / PROVISIONS):


Such transfer is meant for shifting of an employee from his/her
present place of posting (after the completion of prescribed tenure) to
a new station / place and shall be brought into effect for the purpose
of accommodating another incoming employee-on-transfer in his/her
place.

a. Displacement transfer is meant for providing equitable


opportunity to an aspiring eligible employee to serve at a station
of his/her choice which is occupied by the other employee of
same post beyond prescribed tenure.

Page 17 of 35
b. Displacement transfer is a normal transfer as the employee is
made aware of his/her status of displaceability well before
inviting application. Such employee is given equal opportunity
to avail request transfer against available vacancies (of his post)
as per his/her priority and station seniority. If he/she fails to
avail request transfer, he/she shall liable to be displaced in
consequence of the request transfer availed by a similar
incoming eligible employee during execution of normal transfer
process. Therefore, such transfer shall not be treated as
administrative transfer.

c. NESTS shall ordinarily not displace any deemed employee suo


moto unless otherwise under administrative compulsion (refer
to administrative transfer provision).

d. Displacement transfer is applicable for all cadres of employee

e. In respect of employees who have completed prescribed tenure


at present place of posting and are liable to be displaced, their
status shall be declared as “deemed to be vacant” preferably
earmarked as “Deemed Vacancy” or simply “Deemed”.

f. Merely declaring a post as deemed vacant shall not expose a


person for compulsory displacement. It shall be subject to
options taken by other requesting eligible employee to the same
post/place and allotment made to him through transfer process.

g. Employee declared to be deemed shall be exposed for


displacement only once in usual annual transfer process (i.e., in
Round 01 of usual transfer drive only). However, once displaced,
he/she would be eligible to participate in subsequent rounds of
transfer drive. Claim of any employee to accommodate him
against any deemed vacancy after Round 01 or beyond the
usual transfer process/drive, shall not be entertained at any
cost.

h. The eligibility criteria for declaring a post of serving employee (of


a station/place) as “Deemed Vacancy” shall be based on
completion of prescribed mandatory tenure of service by an
employee at that station. The prescribed tenure for declaring a
post as deemed vacancy shall be as below:
S. Post/Cadre Normal tenure for
No. declaring deemed,
prescribed at one
station (in years)
1. Principal / Vice Principal / 05 years

Page 18 of 35
Accountant

2. PGT / TGT (Hindi, English, 10 years


Mathematics, Science, Social
Science)/ Art Teacher, Music Teacher,
PET, Librarian/ Counselor/Staff
Nurse /Catering Assistant/ Hostel
Warden / Senior Secretariat Assistant
/ Junior Secretariat Assistant

3. Driver / Electrician-cum-plumber / 10 Years (Within


Lab. Attendant / Cook / Mess Helper the same state)
/ Chowkidar / Sweeper

i. In case of post having more than one deemed employee, the


employee having longer stay at that station shall be considered
first for displacement unless otherwise exempted.

j. Employees on displacement transfer shall randomly be allotted


any station having “Actual Vacancy” only.

k. One of the important priorities of NESTS is to provide sufficient


man power to Hard stations including LWE areas for
maintaining quality education and administration. Therefore,
displaced employees pertaining to TGT and above, having age
less than 45 years as on cut-off date and having no past service
in hard station / LWE areas, shall compulsorily be posted to
serve at least one complete tenure on such stations.
Considering service in hard station a compulsory factor for such
cadres, their request for modification in place of posting, if any,
shall be restricted to available vacancy among hard stations
only.

l. Employee of 45 years of age and above (as on cut-off date) shall


ordinarily not be posted to Hard stations on displacement
unless actual vacancy of normal/plain station is exhausted. In
such ordinary cases of displacement, allotment of station may
be done in following ways, as far as possible;
i) among actual vacancy available in State of posting.
ii) Then among actual vacancy available in other states of
present region.
iii) Then among any actual vacancy of any region.

m. If, the employee who gets displaced being deemed barring point
4.9(k) through transfer process, has a spouse working there in
the NESTS (satisfying criteria of valid spouse), the said spouse
counterpart may also be considered, as far as possible, for

Page 19 of 35
transfer in grievance round in order to accommodate both of
them in one EMRS. In case, it is not possible to accommodate
both the spouse members in the same EMRS for want of
vacancies or both being of the same post, efforts will be made to
post them in nearby EMRS subject to request made by the such
spouse counterpart, availability of actual vacancy and satisfying
other eligibility criteria of the spouse counterpart for seeking
transfer.

4.10 PROVISION FOR PROTECTED DEEMED EMPLOYEE:


To provide better and stable service conditions with ease to employees
coming under priority categories, NESTS facilitates such employees
with exemption from displacement even after completion of prescribed
normal tenure for being deemed at one station. Such employee shall
be earmarked as “Protected Deemed”. The provision shall be
applicable in the manner stated below;

a. PwBD / Single Lady / DFR Category: Employee covered under


valid PwBD / Single Lady and DFR (due for retirement) category
shall avail protected deemed status beyond prescribed tenure of
service (as specified normally for being deemed at one station –
clause 4.9.h.) subject to production of valid certificate required
for claiming priority satisfying all clauses of guidelines. The
continued protection shall further be restricted by the clause of
compulsory deemed declaration wherever applicable.

b. Spouse Category: In view of safeguarding the interest of


working spouse, NESTS employee having working spouse (as
per guidelines) in NESTS/Central Govt./State Govt. and posted
in same EMRS or district, other EMRS or district in same state
and adjoining EMRS or district of adjoining state shall only be
considered having valid spouse status to avail protected deemed
status beyond prescribed tenure of service (as specified
normally for being deemed at one station) subject to production
of valid certificate required for claiming priority satisfying all
clauses of guidelines. The NESTS spouse having valid working
spouse at a location other than the aforementioned locations,
shall not be entitled for protected deemed status in any way.
The continued protection shall further be restricted by the
clause of compulsory deemed declaration.
c. Medical (Serious Ailment) Category: Employee covered under
Medical (serious ailment) category shall avail protected deemed
status beyond prescribed mandatory tenure of service (as
specified normally for being deemed at one station) restricted to

Page 20 of 35
a maximum of 05 years tenure from the date of detection
and/or surgery (if undergone at a later stage) of the ailment
subject to satisfying all clauses of guidelines. It means if the
enlisted ailment of a TGT is detected in 08th year of his tenure,
his/her priority/protected deemed status shall cease to be in
effect in 13th year of his/her tenure at present station by the
date when it completes 05 years. However, if surgery is
performed on 12th year for the same ailment, he/she shall be
eligible to avail protected deemed status for next 05 years,
restricted to clause of compulsory deemed declaration of the
transfer provision in toto [as per clause 4.11.].

d. Status of all such “Protected Deemed” employees shall, after


verification on the basis of produced documents, be placed in
public domain, prior to inviting application for transfer. It is to
note that status of post marked as “Protected Deemed” is not a
vacancy, rather it is a step for bringing transparency by showing
the status of a longstanding employee at his place of posting.
Therefore, such stations shall not be considered for posting on
transfer to any other willing eligible employee in any case, even
if claimed/ opted by him/her.

e. Any claim of employee for declaration of his/her status as


protected deemed shall be subject to production of valid
certificate issued by competent authority well before declaration
of vacancy in public domain.

f. Merely production of a certificate by competent authority for


claim of status under “Protected Deemed” shall not entitle an
employee for such benefit. It is subject to further satisfying all
clauses/criteria of being under priority category. Following
conditions shall serve as ground for complete rejection of the
claim of employees for declaration of his/her status under
“Protected Deemed”.
i) Non production of valid certificate prior on time, to
declaration of vacancy in public domain.
ii) Priority claimed by the employee is not conforming to the
prescribed parameters.
iii) Certificate neither issued nor countersigned by the
competent authority.
iv) The submitted certificate is not in the prescribed format.
v) Certificate does not have the complete details as asked in
the prescribed format.

Page 21 of 35
g. Status of protected deemed, if availed on false certificate and/or
fabricated/distorted facts shall invite disciplinary proceeding
under CCS rules, besides administrative transfer of the erring
claimant.

4.11 COMPULSORY DECLARATION OF DEEMED STATUS (restricting


lifetime protection of Priority Category to maximum 15 years): Any
employee, under any of the valid priority categories, having served at one
station and completed 15 years of tenure at present station in present
post, counted as on cut-off date, shall compulsorily be declared
“Deemed” by suppressing all exemption clauses and hence his/her post
shall be exposed for displacement through usual transfer process.
Exception to this clause shall be DFR (due for retirement) cases.

It is to note that declaration of deemed status is an individual


character of a post by considering the status of individual employee.
Therefore, in case of unified NESTS spouse, the spouse member who
completes 15 years of service at present station in present post, shall
only be declared “Compulsory Deemed”. It is, thus, advisable to
spouse cases to exercise their preferences, wisely and widely, to
accommodate themselves suitably through the system of automation,
prior to achieving compulsory deemed status in transfer process.
Unification shall always be a combined probability of available
vacancy, choice stations opted by spouse members, hierarchy in
priority, station seniority and other relevant parameters. Therefore,
unification may be a concern for providing opportunity and can not be
claimed as a matter of right.

4.12 ORDER OF PRIORITY FOR EXECUTING TRANSFER:


The transfer of employees shall be executed in following order of
priority:
a. Transfer of employees of PwBD category (1st order of transfer)

b. Transfer of employees of Medical category (2nd order of


transfer).

c. Transfer of employees under Spouse Category (both in EMRS)


(3rd order of transfer).

d. Transfer of employees under Single Lady Category (4th order of


transfer)

e. Transfer of employees under Central/State Spouse Category (5th


order of transfer).

Page 22 of 35
f. Transfer of employees of Hard/LWE Stations (6th order of
transfer).

g. Transfer of employees under DFR (due for Category (7th order of


transfer).

h. Transfer of rest of the employees (non-priority cases) under Plain


Category along with employees seeking transfer willingly to hard
stations (8th order of transfer).

4.13 RULES OF ALLOTMENT (OF STATION) IN REQUEST TRANSFER:


a. Allotment in Priority Category Transfer:
i. Among same level of priority Category, the station
seniority shall be the deciding factor for allotment of
station.
ii. In case of tie, employee possessing multiple priorities
shall get preference over other employee possessing single
priority or multiple priorities in the way explained under
“Provisions of Weightage to Multiple Priority”.
iii. Methodology of giving weightage to multiple priority
(in case of tie in priority cases): Giving due weightage to
type of priority and its order in the preferential sequence,
NESTS facilitates employees possessing multiple priority
while comparing with the other employee possessing
single /multiple priority provided only if there is a tie
between similar higher order of priority. Accordingly, if
there is a tie, the allotment shall go in favour of employee
possessing multiple priorities in its preferential order at
subsequent levels.” [Refer to clause of “Order of priority
for executing transfer” in this document, to know the
preferential order of various priority categories]. The
provision shall include all priority categories which are
undertaken in transfer system i.e., PwBD, Spouse or
Single Lady, Medical, Hard stations (H/LWE), and DFR
cases. The comparison statement below shall explain the
provision:
1. Case-01: If there is a comparison between a PwBD
case and a Medical+H/LWE+NESTS Spouse case, the
allotment shall in favour of PwBD Case despite the
fact that one possesses multiply priorities. This is
because there is no tie between higher order (PwBD
level) of priority. Thus, PwBD will get preference, as
usual.
2. Case-02: If there is a comparison between a PwBD
case and a PwBD +Medical case, the allotment will go

Page 23 of 35
in favour of PwBD +Medical case (here, tie is at PwBD
level i.e., higher order of priority).

3. Case-03: The same methodology will operate for


another instance of tie between two multiple priority
cases, one Medical+H/LWE and the other
Medical+Spouse/Single Lady. In this case allotment
of station will go in favour of Medical+Spouse/Single
Lady case as 1st level of priority is in tie and at 2nd
level of Spouse/Single Lady is in higher preferential
order of priority (here, tie is at Medical level, the
higher order of priority).

4. Case-04: If there is a comparison between a Medical+


NESTS Spouse + DFR and Medical + NESTS Spouse+
H/LWE, the allotment will go in favour of Medical
+NESTS Spouse + H/LWE as 1st & 2nd levels of
priorities are in tie and at 3rd level of H/LWE is in
higher preferential order of priority (here, tie is at
NESTS spouse and Medical)

5. Case-05: If there is a comparison between a PwBD +


Medical + DFR and PwBD +H/LWE+NESTS
Spouse+DFR, the allotment will go in favour of PwBD
+ Medical + DFR as PwBD at 1st level of priority is in
tie and at 2nd level, Medical is in higher preferential
order of priority (here, tie is at PwBD level, the higher
order of priority).
It is to make clear that counting of number of
priorities does not make difference, rather it is the
higher order of priority at subsequent levels that
makes difference in allotment in case of
comparison of employees having multiple priorities.

6. Case-06: If there is a tie between two employees


having exactly similar multiple priorities, the
allotment will go by the station seniority, the general
rules of allotment. [Refer to “Rules of Allotment” and
“Rules of Tie Breaking”].

b. Allotment in Non priority (Plain) Category Transfer:


i. Irrespective of tenure at present station, the eligible
employee working at Plain (normal) Stations (non-priority
cases) having served at least one tenure in hard stations
(in any cadre in past) shall get preference in allotment
over one who did not serve at hard station in past. In case

Page 24 of 35
of comparison between two or more Plain stationed
employees having served a tenure hard station, the
allotment shall be based on the station seniority counted
at present plain station.

ii. In other all non-priority category cases, Station Seniority


is the sole rule of allotment of a station.
[Refer to provision of “Displacement Transfer
(Eligibility/provisions)” for allotment of station to displaced
employee].

4.14 RULES OF TIE-BREAKING:


a. If there is tie in choice station, station seniority shall be preferred.

b. If there is a tie in station seniority, Female (gender) shall get


preference in allotment.

c. If there is a tie in gender, the old aged employee shall get


preference.
[Rule of tie breaking shall not apply in case of allotment of station to
displaced employee for the reason that allotment is random and not
on the choice station]

5 TRANSFER OF DEPUTY COMMISSIONER / ASISTANT


COMMISSIONER / STAFF OF HEADQUARTERS / REGIONAL
OFFICES (other than EMRS cadre)

a. Deputy Commissioners and Assistant Commissioners posted in


the Regional Offices shall not be posted to the region which has
the jurisdiction over their home district except three years
before their superannuation. They will also not be posted back
at the station where they have completed their tenure once.
However, the Commissioner NESTS, in the event of
administrative exigencies, shall take appropriate decision as
deem fit.

b. Tenure: The normal stay at particular station prescribed for


certain posts shall be as below:

S. Post/Cadre Prescribed tenure


No. for transfer (in
years)
1. Deputy Commissioners (HQ / RO) 03 years

Page 25 of 35
2. All officers of HQ/RO other than 05 years
Commissioner, Additional (03 years in case of
Commissioner and Joint hard/North East
Commissioner Region)

c. Transfer Under administrative compulsion:


Employee/officers of NESTS HQ/RO may be transferred from
their present place of posting even before completion of the
tenure to a station / location under administrative compulsions.

d. Request Transfer: After Completion of tenure as prescribed


above, employee / officer may submit his/her request in
prescribed format stating choice stations.

e. Displacement Transfer: In absence of request for transfer, any


employee / officer, after completion of above prescribed tenure,
may be displaced to accommodate any incoming eligible
employee / officer.

f. Priority Elements: Priority elements as defined in general


transfer policy shall remain applicable to these cadres.

g. Competent Authority: The Commissioner, NESTS shall be the


competent authority to execute the transfer of employee/officers
of NESTS Headquarters/Regional Offices as a whole or in part,
by invoking suitable mechanism of execution. The information
regarding such mechanism shall be notified from time to time
prior to resorting to such exercise.

6 RULES FOR ADMISSIBILITY OF TRANSFER TA:


Admissibility of Transfer TA shall be applicable in following manner;

a. Transfer TA shall be admissible in cases of transfer made on


“administrative grounds” including transfer on public interest
and administrative redeployment of surplus staff.

b. Transfer TA shall be admissible in cases of transfer of staff from


Plain (normal) station to Hard/LWE stations on willingness after
completion of prescribed mandatory period. This provision of
Transfer TA shall remain applicable to employees like Driver,
Electrician-cum-plumber, Lab. Attendant, Cook, Mess Helper,
Chowkidar and Sweeper at par with other employees.

c. Service in hard stations being region specific, transfer TA shall


be admissible only in cases of transfer of staff from hard

Page 26 of 35
(Hard/LWE) station of a region to outside hard station i.e.,
either any Plain (normal) station or Hard/LWE station of the
other region after completion of prescribed mandatory tenure.
This provision of Transfer TA shall remain applicable to
employees like Driver, Electrician-cum-plumber, Lab.
Attendant, Cook, Mess Helper, Chowkidar and Sweeper at par
with other employees.

d. Transfer TA shall be admissible to all cases of transfer of


deemed employee on displacement.

e. Transfer TA shall not be admissible under following cases:


i. Transfer within plain stations on request.
ii. Transfer within Hard stations (within a region) on request.
iii. Administrative or displacement transfer ultimately
modified into a request transfer by considering request of
the employee.
iv. If an employee is allotted a station vide disposal of his
grievance (not necessarily his choice station) and he/she
joins at the allotted station, the case of such transfer shall
be treated as transfer on request and Transfer TA shall
not be admissible in such transfer unless specified
otherwise in the transfer order.

f. In case of transfer availed by taking advantage of the provision


of “Cumulative Tenure Count due to administrative transfer”,
the admissibility of transfer TA shall be restricted to completion
of requisite tenure at present station.

7 GRIEVANCE REDRESSAL:
a. Grievance arising out due to transfer shall be addressed by the
office of the Commissioner, NESTS in light of the provisions of
transfer policy. Commissioner, in the event of any prevailing
circumstance, may delegate the power to any of the subordinate
officer(s) at NESTS Headquarters or Regional Offices to address
such grievance of the employee on need basis.

b. If any representation is received from spouse / parents /


dependents on behalf of the employee in respect of any matter
pertaining to transfer, it shall be assumed that the employee
himself is aware of such a representation and that it has been
made at his/her instance. Action taken on such representation,
shall be treated as disposal of grievance of the employee and
without being prejudiced, shall be binding on him.

8 POWER OF RELAXATION OF GUIDELINES:


Notwithstanding anything contained in the guidelines, the
Commissioner with the approval of the Chairman NESTS, shall be

Page 27 of 35
competent to transfer any employee to any place in relaxation of any
or all of the above provisions after recording reasons.

9 INTERPRETATION OF GUIDELINES:
Commissioner, NESTS shall be the sole competent authority to
interpret above provisions and pass such order(s) as deemed
appropriate and essential to facilitate the implementation of the
guidelines for the purpose of remediating any imbalance
resulting/noticed in transfer and effective control and administration
of the NESTS as a whole. Such Interpretation shall be notified well in
advance before inviting transfer application.

10 OPERATIVE ELEMENTS OF TRANSFER DRIVE:


Commissioner, NESTS shall be the competent authority to invoke
and execute transfer drive involving suitable mechanism (online),
applying / altering / expanding / curtailing operative elements
including timeline for execution in the backdrop of the transfer
provisions to draw transfer list, maintaining utmost transparency,
fairness and accuracy. Information regarding any alteration through
interpretation of provisions or in mechanism of execution shall be
notified well in advance before launch of the transfer drive.

11 SAFEGUARD AGAINST EXTRANEOUS INFLUENCE:


The provisions laid down in Rule 20 of the CCS (Conduct) Rules,
1964 stipulates that “No Government servant shall bring or
attempt to bring any political or outside influence to bear upon
any superior authority to further his interest in respect of
matters pertaining to his service under Government.”
Therefore, employees shall strictly avoid bringing in any outside
influence. If such an influence from whichever source espousing the
cause of an employee is received, it shall be presumed that the same
has been brought in by the employee. Action may also be initiated
against such an employee under relevant service rules.

12 REFERENCE:
This document, henceforth, shall serve as the policy document for all
sorts of clarification including legal implications pertaining to
transfer of employee in NESTS.
This comes into force with immediate effect.

Page 28 of 35
[ANNEXURE – I]
CERTIFICATE OF SINGLE LADY TO BE FURNISHED BY NESTS EMPLOYEE CLAIMING PRIORITY
(NEATLY TYPED ON THE LETTER HEAD OF THE ORGANISATION WITH REF. NO. & DATE OF ISSUE)

Ref. No. ……………………………. Date of Issue ………………….


CERTIFICATE OF SINGLE LADY
This is to certify that Ms. ……………………………. (name of employee)
……………………………… (post), a permanent employee of NESTS since (date of
joining) …………………………… and posted in EMRS ………………. since (date of
joining) ………………………., is covered under priority category of “SINGLE LADY”
on account of being ……………………………… (Widow / Unmarried Lady /
Divorced Lady).
This certificate is based on the verification of death certificate of spouse (in
case of Widow) / declaration (unmarried lady) / legal documents (legal decree of
separation) obtained from the employee and verified from the relevant entry made
in the service book of the employee concerned.

Accountant
(Verifying Authority)
(or, Senior Authority in the Office)

Name: ……………………………..
Designation: …………………….
Principal
(Countersigning / Issuing Authority)
Name: ………………………………………
Official Seal: ……………………………..
Please note:
1. Employee claiming priority under “Single Lady” category is required to submit
fresh / latest certificate in the prescribed format only.
2. Widow: The employee claiming Single Lady being widow, must also upload the death
certificate of the spouse along with this certificate.
3. Divorced Lady: The issuing authority must obtain from the claimant, the decree of
court of law confirming legal separation from spouse. Such document must be kept
in personal file and relevant entry made in the service book of the employee. Any
ongoing legal proceedings of separation, if subjudice/under trial, does not
entitle the claimant to come under ambit of divorced lady.
4. Certificate, improper in any respect will summarily be rejected and bound to be
taken into disciplinary / IPC proceedings against user and issuing authority
through proper channel.
5. Any employee willing to claim status of “Protected Deemed” or willing to get
“transfer-on-priority” must submit relevant certificate to the Principal of his/her
EMRS, prior to declaring vacancy on portal in online vacancy module.
6. The lady employee entering into marriage / remarriage at any point of time prior to
cut off date of the year of transfer drive shall lose her claim of being “Single Lady” for
the transfer drive of the year & onwards. The Principal is entrusted to update the RO
/ NESTS HQ in this regard.

Page 29 of 35
[ANNEXURE-II(A)]
FORMAT OF CERTIFICATE TO BE FURNISHED BY NESTS EMPLOYEE CLAIMING SPOUSE PRIORITY
(NEATLY TYPED ON THE LETTER HEAD OF THE ORGANISATION WITH REFERENCE NO. & DATE OF ISSUE)

Ref. No. ……………………………. Date of Issue ………………….


CERTIFICATE OF WORKING SPOUSE
This is to certify that Sh. / Smt. ……………………………. wife / husband of
Smt. /Sh. …………………………………… an employee of this organization (name)
…………………………… since (date of joining) ………………………. and of this office /
branch (name) ……………………………. since (date of joining) ………………..till date.

To be filled in, by the Issuing Authority with applicable correct option:


1. Is the organization an EMRS / Central Govt. / Central Govt. PSU / Central
Govt. financially added / State Govt. / State Govt PSU / State Govt.
financially aided?
Register correct option: …………………………………………………
2. Is employee a Permanent / Temporary / Ad hoc / Daily wage / Contractual
/ Niyojit teacher / Guest teacher or employee?
Register correct option: ………………………………………….
3. The “Date of Birth” of employee as per records …………………………...
4. Mobile no. of the employee (optional): ………………………….

Sign. of the Competent Authority


Name …………..…………………………………………..
Post held: ………………………………………………….
Contact no. of Issuing Auth. …………………........

Official Seal…………………

Please note:
1. Spouse Certificate is only declaration about an organization and status of employee
working in it. Merely submission of spouse certificate may not entitle the NESTS
employee for claim under priority category.
2. Mobile no. / contact no. of Issuing Authority is mandatory requirement.
3. Must be signed or countersigned by competent authority.
4. Spouse certificate should be in latest revised format only. Certificate, improper
in any respect will be rejected and bound to be taken into disciplinary / IPC
proceedings against user and issuing authority through proper channel.
5. Any employee willing to claim status of “Protected Deemed” or willing to get
“transfer-on-priority” must submit relevant certificate to the Principal of his/her
EMRS, prior to declaring vacancy on portal in online vacancy module.
6. Employee of NESTS, having working spouse in PRIVATE organization or having
working spouse as Temporary / Ad hoc / Daily wage employee / Niyojit or
Guest or Visiting teacher / lecturer in Central or State Govt. organization or
Financially aided Govt. institution or office, is not entitled for priority of
spouse ground. Therefore, the issuing authority must provide correct
information in every respect.

Page 30 of 35
{ANNEXURE-II(B)}
नेस्ट्स कर्मचारी के द्वारा प्रस्टतत
ु ककए जाने वाले कार्मरत दम्पत्ती प्रर्ाण पत्र का प्रारूप
(प्रर्ाण पत्र संस्टथा के अधिकाररक लेटर हे ड पर साफ, पठनीर् एवं टं ककत होनी चाहहए।)
संदर्भः……………………………………… ददन ंकः…………………………….……
क र्भरत दम्पत्ति प्रम ण पत्र
प्रम णणत ककर् जत ु ी……………………………………… पत्नी/पतत सश्र
है कक श्री/सश्र ु ी/श्री………………………………… इस
संस्थ न (संस्थ न क न म)…………………………………………. में ददन ंक……………………………………….. से तथ इस क र् भलर्/श ख
(वतभम न श ख क न म)…………………………………………. में ददन ंक……………………………………….. से प्रम ण पत्र ज री ककए ज ने
की ततथथ तक क र्भरत हैं।

ज रीकत भ अथिक री कृप्र् सही एवं उपर्ुक्त त्तवकल्प ररक्त स्थ न में दजभ करें ।
1. क्र् र्ह संस्थ न अथव क र् भलर् इएम्आरएस / केंद्र सरक र / केंद्र सरक र PSU / / केंद्र सरक र

त्तविपोत्तित संस्थ न / र ज्र् सरक र / र ज्र् सरक र PSU / र ज्र् सरक र त्तविपोत्तित संस्थ न है ?
सही त्तवकल्प दजभ करें ः………………………………………………..
2. क्र् संबंथित कमभच री/अथिक री स्थ ई / अस्थ ई / तदथभ ( Ad hoc) तनर्क्
ु त / दै तनक वेतनर्ोगी / संत्तवद /
तनर्ोजजत / अततथथ शशक्षक अथव कमभच री है ?

सही त्तवकल्प दजभ करें ः………………………………………………..

3. ु र):………………………………………………..
कमभच री की जन्म ततथथ (उपलब्ि अशर्लेखों के अनस

4. संबंथित कमभच री/अथिक री क मोब इल न. (एजछिक). ………………………………………………..

सक्षम अथिक री क हस्त क्षर

न मः……………………………………………………..

पदः….…………………………………………………..
सक्षम अथिक री क मोब इल न. ….…………………………………………………..

अथिक ररक / क र् भलर् क मुहर ….…………………………………………………..

कृप्र् नोट करें ः


1. क र्भरत दम्पत्ति प्रम ण पत्र संबंथित संस्थ न/क र् भलर् तथ क र्भरत कमभच री के ब रे में अथिक ररक घोिण
म त्र है । दम्पत्ति प्रम ण पत्र की केवल प्रस्ततुतत, स्थ न ंतरण ल र् क र्भरत संस्थ न/क र् भलर् प त्रत क
तनि भरण नहीं करत है ।
2. ज रीकत भ / सक्षम अथिक री क मोब इल नम्बर दजभ करन आवश्र्क है ।
3. प्रम ण पत्र सक्षम अथिक री के द्व र हस्त क्षररत / प्रततहस्त क्षररत होन च दहए।

4. क र्भरत दम्पत्ति प्रम ण पत्र प्रत्र्ेक विभ नवीनतम होनी च दहए। प्रम ण पत्र में गलत / अपूणभ / अपुष्ट / त्तवकृत
सूचन अथव गलत प्र रूप में होने पर इसे रद्द ककर् ज सकत है तथ प्रस्तुतकत भ कमभच री एवं ज रीकत भ

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अथिक री के त्तवरुद्ि त्तवर् गीर् / IPC के तहत उथचत म ध्र्म द्व र क र्भव ही हे तु अनुशंस की ज सकती
है ।
5. दम्पिी एकीकरण प्रथशमकत वगभ के अन्तगभत "Protected Deemed" अथव स्थ न ंतरण क ल र् लेने के
शलए क र्भरत दम्पत्ति प्रम ण पत्र को आनल इन ररक्त पद र्रे ज ने से पहले प्र च र्भ (जनत्तव) के प स जम
करन सुतनजश्चत करें ।
6. सूंछर् हो कक नेस््स के कमभच री जजनके दम्पिी तनजी संस्थ में क र्भरत है अथव केंद्र र ज्र् सरक र के
त्तविपोत्तित संस्थ न में क र्भरत हो अथव केंद्र / र ज्र् सरक र के संस्थ न में अस्थ ई / तदर्भ ( Ad hoc) /
संत्तवद / तनर्ोजजत / अततथथ शशक्षक र् कमभच री हों, दम्पिी एकीकरण प्रथशमकत वगभ के अन्तगभत ल र् के
प त्र नहीं है । अतः ज रीकत भ सक्षम अथिक री सही सूचन के स थ ही प्रम ण पत्र ज री करें ।

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[ANNEXURE – III]
NATIONAL EDUCATION SOCIETY FOR TRIBAL STUDENTS
PROFORMA FOR MEDICAL CERTIFICATE (FOR TRANSFER PURPOSE ONLY)
(To avoid disqualification, please do NOT use abbreviation. Fill it with CAPITAL LETTERS only.
Please do not attach any enclosure except where specifically asked for)
Name of the Patient: ...............................................................................................................
Relation of the Patient with employee (self / spouse / son / daughter): ................................
Date: ..........................................
I, Dr. ..................................................... with Medical Council Registration No. ........................,
hereby, certify that Shri / Smt / Ms. ......................................................... aged ......................................
Sex ........................ son / daughter / wife / husband of Shri / Smt. .........................................................
(Name of EMRS teacher / employee) is suffering from the disease / diseases with the details as
follows and that the treatment of this disease is not at all available at this station or its vicinity:

A. In case of Carcinoma (Cancer): Only confirmed case of Carcinoma, along with proof of undergoing
treatment shall form the basis of claiming priority / relaxation. Following information is mandatory
from the district medical authority i.e., CMO/CMS/Civil Surgeon or with his countersignature (if not
issued by the district medical authority):

1. Name of Carcinoma with organ (site affected):


2. Date, when it was detected first:
3. Brief History-Pathological Report with reference no. & dates:
4. T N M Classification (if applicable):
5. Evidence in support of uncontrolled growth:
6. Evidence in support of Metastasis:
7. Treatment being continued in brief:
8. Full name of Surgery / ies if undertaken:
9. Date of Surgery performed:
B. In case of Renal Failure: It is the final renal failure stage due to chronic irreversible failure of both the
kidneys. It must be well documented. The employee must produce evidence of undergoing regular
haemodialysis along with other relevant laboratory investigations and doctor’s certification. Following
information is mandatory from the district medical authority i.e., CMO/CMS/Civil Surgeon or with his
countersignature (if not issued by the district medical authority):

1. Name of the disease causing Renal Failure:


2. Date of detection of renal failure:
3. Evidences in support of Chronic Irreversible Changes:
4. No. of Dialysis done with dates (must for availing relaxation):
5. Single or both kidneys are involved:
6. Any Surgery including Renal transplantation done or not:
7. Date of Surgery performed:
C. In case of Loss of Muscle Power (Paralysis): (Cerebro-vascular accidents) Death of a portion of the
brain due to vascular causes such as (a) Haemorrhage (Cerebral), (b) Thrombosis (Cerebral), (c)
Embolism (Cerebral) causing total permanent disability of two or more limbs persisting of three months
after the illness. Following information is mandatory from the district medical authority i.e.,
CMO/CMS/Civil Surgeon or with his countersignature (if not issued by the district medical authority):

1. Date of Paralytic Stroke:

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2. How many extremities are affected:
3. Grading of Muscle power at present:
4. Grading of Muscle Power at the onset of disease:
5. Duration of Loss of Muscle power:
6. Any recovery after the onset till date:
7. Most direct cause of Loss of Muscle Power:
NOTE: Transient / Ischemic attacks and stroke like symptoms resulting from head injury
and/or Tuberculosis meningitis, Pyogenic meningitis, Meningococcal meningitis are
excluded from Paralysis. Thus, the authority, issuing this certificate should carefully certify
the case.
D. In case of Heart Disease: Cases involving Angioplasty / Coronary Artery Bye-pass Grafting / Valve
replacement or reconstruction / open heart surgery shall be considered for claiming priority /
relaxation under serious ailment. It must be well documented and supported by discharge summary
having clear brief of the surgical procedure undergone. Following information is mandatory from the
district medical authority i.e., CMO/CMS/Civil Surgeon or with his countersignature (if not issued by the
district medical authority):

1. Name of the surgical procedure undergone (CABG / Angioplasty / Valve Replacement or


reconstruction / Open Heart Surgery):
2. Date of Surgical Procedure:
3. Name of Doctor-Surgeon:
4. Name of Hospital:

E. In case of Thalassemia: Only Thalassemia Major shall form the basis of claim for priority under
serious ailment. History of blood transfusion / replacement (periodicity) at less than three
months interval should be well supported by medical documents. Following information is
mandatory from the district medical authority i.e., CMO/CMS/Civil Surgeon or with his
countersignature (if not issued by the district medical authority):

1. Name of the specific disease (Thalassemia Major or Minor):


2. Date of first detection:
3. Whether blood transfusion/replacement required (YES / NO):
4. If so, periodicity / duration of blood transfusion / replacement required by the patient /
Chelation therapy:
5. Blood transfusion done last (DD / MM / YYYY):
F. In case of Parkinson’s Disease: Progressive degenerative disease of nervous system involving
involuntary tremulous motion with lessened muscular power in parts not in action and even
when supported with a propensity to bend the trunk forward and to pass from a waling to a
running pace, the senses and intellect being tin injured. Must be confirmed by a neurologist.
Following information is mandatory from the district medical authority i.e., CMO/CMS/Civil
Surgeon or with his countersignature (if not issued by the district medical authority):

1. Date of detection of the disease:


2. Duration of treatment undergone:
3. Name and designation of treating neurologist:
4. Whether admitted in hospital and if so, details thereof:
5. Progressiveness of the disease-please specify:
(to be certified by a neurologist)

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NOTE: Patients who are stable with the support of medicine shall be excluded from the
claim of priority / relaxation under Parkinson disease. Therefore, certificate issuing authority
should carefully certify the case.
G. In case of Motor-neuron disease: Slowly progressive degeneration of motor-neuron cells of
brain and spinal cord causing weakness, wasting and twitching in limbs and difficulty in
speaking and swallowing. Must be confirmed by a neurologist. Following information is
mandatory from the district medical authority i.e., CMO/CMS/Civil Surgeon or with his
countersignature (if not issued by the district medical authority):

1. Date of detection of disease:


2. Duration of treatment undergone:
3. Name and designation of treating neurologist:
4. Result of EMG test report and MRI:
5. Grading of muscle power at present:
Note: Weakness of muscle due to other causes like infections, neuropathy traumation,
idiopathic, motor-neuron disease involving less than two limbs and the muscle power more
than 3 grades, shall not form the basis of claim of priority/relaxation under serious ailment.
Therefore, certificate issuing/countersigning authority should carefully certify the case.

Signature of the Issuing Authority


Name:
Name of the Deptt:
Name of the Hospital
Place:
Signature of the patient ……………………………….. Date:
Name of the Patient: .................................................................. Seal:
Relation with the Employee (Self / Spouse / Son / Daughter): .....................................

Mandatory Clause:
Counter signature of the District Medical Authority (CMO / CMS / Civil Surgeon):

Name:
Date &Seal:

Sign. of the Principal (for EMRS Staff)/ the Deputy Commissioner (For HQ/RO staff)

Name:
Date &Seal:
Principal (in case of EMRS employees) / the DC (in case of RO / HQ employees) should sign the
certificate having been satisfied with all the clauses of medical certificate and relevant documents
(to be kept in school records) being clearly mentioned and endorsed in context of the provisions of
transfer policy and guidelines.
Note : Medical Certificate, without having countersignature / endorsement of the Principal / DC /
Director of the concerned establishment, will be treated as null and void.

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