Section 17 in Uttarakhand Annual Transfer for Public Servants Act, 2017
17. Consideration on transfer proposals by transfer committee.
(1)The transfer committee shall consider the transfer proposal under this Act in the following order-(a)Compulsory transfer from accessible place to remote area-The transfer committee shall firstly consider the compulsory transfer from accessible area to remote area; namely-First of all, the transfer shall begin from the employee spending longest time in accessible areas during their whole service period and option given by such employee for vacancy of remote area shall be accepted; namely-Considering the employees one by one in descending order as per length of service rendered in accessible area during whole service period shall be allotted vacancy available in the remote area according to the option:Provided that if more than one employee out of total employees identified for transfer have given option in same preferential order for a particular vacancy identified in remote area, the vacancy shall be allotted to such employee who have served for the least period in accessible area:Provided further that in case, inspite of consideration as above still remains some employees who have not been able to get the place of their desired option or there is any such employee who has not given any option, the transfer committee shall prepare a list of such employees as well as vacancies in order of their serial number in the original list of the employee identified for transfer and available vacancies and each employee of the list so prepared shall be allotted a vacancy mentioned in same order in the list of remaining vacancies."(b)Transfer on the basis of request-After compulsory transfer under clause (a) above, the transfer committee shall consider the transfer of employees eligible for transfer on the basis of request in the following order-(i)request by seriously ill/disabled employees or request made on the basis of spouse's serious illness/disability(as applicable);(ii)request by parents of mentally retarded and helpless children;(iii)serving husband/wife whose only son/daughter is disabled;(iv)request by husband/wife serving in Government of Uttrakhand for posting in same place/area;(v)request by widow, widower, divorcee declared by competent court and divorce employee and senior employees;(vi)request for transfer from remote place to remote place/area;(vii)at last, request for transfer from accessible area to remote area.(c)Compulsory transfer from remote area to accessible area-The transfer committee, after considering transfer mentioned in clause (a) and clause (b) shall dispose off the matter of compulsory transfer from remote area to accessible area as follows-(i)The employees eligible for transfer from remote area to accessible area shall be arranged in descending order starting from the employee having longest period of service rendered in remote area during the whole period of service;(ii)From the list prepared as above, the husband/wife serving in Government of Uttarakhand shall be allotted the desired place of vacancy, if available;(iii)Starting from the employee having served for the longest period in remote area, desired place shall be allotted as per availability of the vacancy. In the same order desired place shall be allotted to the other employee in descending order on availability of vacancy:Provided that if option is given in same preferential order by more than one employee for a particular vacancy in accessible area, the vacancy shall be allotted to such employee who has served for longest period in remote area:Provided further that in case, inspite of consideration as above still remains some employees, who have not been able to get the place of their desired option, the transfer committee shall prepare a list of such employees as well as vacancies in order of their serial number in the original list of the employees identified for transfer and available vacancies and each employee of the list so prepared shall be allotted a vacancy mentioned in same order in the list of remaining vacancies.(2)The transfer committee shall take decision by taking into consideration the following facts while considering on options given for transfer by the employees-(a)Officers of group "A' and 'B' shall not be posted in their home district.(b)Clerical and non-administrative employees of group 'C' and employees of group 'D' may be posted in their home district except in their home place. "Home district" means such village/zone/tehsil of which he is domicile.(c)Transfers on administrative ground shall not be made from accessible to accessible place/area and such employee shall not be posted again in that district/place before expiry of 5 years in any circumstances.(d)The President/Secretary of recognised service organisations of government servants, which also includes president/secretaries of district branches, may not be transferred during the period of their holding office till remaining in their post or 02 years from the date of holding office, in the organisation, whichever is earlier, but other provisions of this Act shall duly applicable to them.(e)Transfers shall be made only against cadre post/places and shall not be made against the post/places which are out of the cadre (such as, inter district/inter divisional transfers for district/divisional cadres):Provided that cadre change/out of cadre transfer of any employee shall be allowed in case of marriage between two employees or displacement of employee due to acquisition of properties for development projects/natural calamity subject to the condition that such employee shall be treated as junior most in the new cadre and approval of the committee constituted under Section 27 shall be necessary to obtain.
