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State of Jharkhand - Section

Section 854 in Bihar Education Code, 1961

854. Transfers during vacations.

- The following rules regarding joining time apply to officers transferred during vacations :-
(1)An officer, who is detained on duty during a vacation or during the latter part of a vacation and is transferred to another post at the end of the vacation, is entitled to the ordinary joining time admissible, from the date on which he is actually relieved of his duties at his former headquarters.
(2)In the case of an officer who is allowed to avail himself of a vacation the general rule is that the joining time must run concurrently with the vacation. This rule should be applied as follows to the four classes of cases mentioned below;-
(a)An officer who receives notices of transfer before the vacation commences must join his new post on the forenoon of the date immediately following the end of the vacation.
(b)In the case of an officer who receives notice of transfer at his headquarters during a vacation the question arises whether the period of notice is adequate. Adequate notice should be taken to mean the number of days to which the officer would have been entitled as joining time in ordinary circumstances. For instance, if he would ordinarily have been entitled to 9 days' joining time and received notice of this transfer 6 days before the end of the vacation, he will be entitled to 3 days' joining time after the close of the vacation.
(c)In the case of an officer who receives notice of transfer during a vacation while he is away from his headquarters, the period of notice, in order to be adequate, should be extended to include the days necessary for his return to headquarters.
Note. - In either of the two cases (b) and (c), the period between handing over charge at the old station and taking over charge at the new station should under no circumstances exceed the joining time admissible under rule 261 of the Bihar Service Code, the vacation being regarded as leave for the purposes of that rule.
(d)In the case of an officer who is on leave plus vacation no extra joining time will in any case be admissible.
(3)An officer on leave, transferred during a vacation will be held not to have availed himself of the vacation for purpose of the leave rules, during a portion of the vacation which corresponds to the time actually spent in travelling from one station to another and not to the full joining time ordinarily admissible under the rules.(G. O. no. 65-E. R., dated the 19th May, 1924. Supplement to C.S.R. 541.)