Comments may be sent through e-mail at "sbsharma_nvs@rediffmail.com"

NAVODAYA VIDYALAYA SAMITI

Ministry of Human Resource Development

(Department of School Education & Literacy), Government of India

A-28, Kailash Colony, New Delhi – 110 048

Tel.011-29244148, Fax: 29240149

Website:www.navodaya.nic.in,

www.navodaya.gov.in

No.F.3-3/2009-NVS (Estt.II)                                                December 18, 2009

To

                   The Deputy Commissioner,

                   All Regional Offices of

                   Navodaya Vidyalaya Samiti

Subject:        Draft guidelines for transfer of employees in Navodaya Vidyalaya Samiti – reg.

Sir / Madam,

            Transfer policy in respect of Vidyalaya Staff of the Samiti was last circulated in April 1999 with the approval of Hon’ble HRM & Chairman, NVS. There is a need to up-date this transfer policy and issue consolidated transfer guidelines due to the following reasons: -

1.      Samiti has introduced the policy of affecting request transfer through a process of counseling in which all teachers desirous of seeking transfer on request basis are invited to participate and select their own choice place as per guidelines.

2.      Various modifications have been made in the rotational transfer policy for 3^rd language teachers.

3.      In the conference of Deputy Commissioner of the Samiti held in May 2009, a need has been felt to consider displacement of Vidyalaya staff who have put in longer years of service at a particular JNV and whose continuation at the same station is considered to be detrimental to the interest of the Institution.

4.      Need to provide adequate numbers of female teachers in the Vidyalayas considering that 1/3rd students in the Vidyalaya are girls.

5.      There are no specific guidelines at present for regulating transfers of staff posted in NVS (Hqrs.) & Regional Offices. As per CVC guidelines, Officers dealing with sensitive matters needs to be rotated frequently.

Considering the above, draft consolidated guidelines for regulating transfer of various categories of staff in the Samiti have been prepared and a copy is enclosed.

You are requested to offer your suggestions for any modifications in the proposed draft guidelines within 15 days.

Yours faithfully,

(M.S. Khanna)

Joint Commissioner (Pers.)

Encl.: As above.

Copy to: All Officers at NVS (Hqrs.)

DRAFT TRANSFER POLICY IN NAVODAYA VIDYALAYA SAMITI

1.                BASIC PRINCIPLES

1.1            All employees of the Navodaya Vidyalaya Samiti are liable to be transferred and posted anywhere in India , at any time, and for any period, as requirements of public service and of the Samiti may dictate. Transfers and postings are a right of the Samiti which it would endeavour to exercise in the best interest of the students, with due regard to the principles of equity and transparency vis-à-vis its employees.

1.2            These guidelines regarding transfers are meant essentially for the internal use of the Samiti and do not vest any employee with any right.

1.3            Objectives of the Samiti’s transfer policy are: -

(i)        To deploy available staff in an optimum manner so that, inter-alia, employees are evenly distributed across regions and schools, with special regard to the interest of students.

(ii)      To maximize the overall satisfaction level of its employees, subject to the need to protect academic interests of students and administrative efficiency of the organization.

(iii) To enable posting of adequate number of female employees in each Vidyalaya for ensuring safety and security of girl students in the Vidyalaya.

2.       AUTHORITIES COMPETENT TO AFFECT TRANSFERS:

          Subject to the general powers of the Commissioner to effect all manner of transfers of employees of Navodaya Vidyalaya Samiti, transfers of the kind shown below will be effected by the authorities shown against them: -

3.       TYPES OF TRANSFERS

          Transfers shall be of the following types: -

(i)          “Administrative transfers” which Samiti orders, suo-moto, and

(ii)        “Request transfers” which are ordered by the Samiti on the basis of requests made by an employee.

(iii)       Rotational transfer of TGT (Regional Languages)

(iv)     Mutual transfers

Admissibility for transfer TA in the case of above transfers shall be as given in Para 14 below.

4.       ADMINISTRATIVE TRANSERS

          Administrative grounds on which staff may be transferred are as follows: -

(i)      Due to completion of maximum tenure prescribed for certain posts as specified below: -

In case of Principal / Vice Principals, Post Graduate Teachers and Trained Graduate Teachers, Commissioner may extend the period of service beyond seven years at a Vidyalaya in order to promote academic and overall quality of administrative excellence. The transfer cases of employees who have not completed seven years in the same station will be examined and transfer effected to the extent necessary in pursuance to the objectives spelt out in para 1 above.

(ii)      To eliminate surplus staff in JNVs.

(iii)     To fill up vacancies in hard & difficult areas.

(iv)    On grounds of misconduct or unsatisfactory performance, as evidenced by issue of a charge sheet under Rule 14 of the CCS (CCA) Rules, 1965 or imposition of a minor penalty under Rule 16 of the CCS (CCA) Rules, 1965.

(v)     Other administrative exigencies.

5.       SCHOOL WISE ALLOCATION OF POSTS FOR THE NEXT ACADEMIC SESSION

          Since the number of students, classes, sections and subjects to be taught in a Jawahar Navodaya Vidyalaya may vary from year to year, the Deputy Commissioner of each Regional Office will issue, by 30^th January, an order allocating the posts of various categories to each Jawahar Navodaya Vidyalaya for the next academic session. This allocation order will form the basis of determination of school-wise surplus / deficit of personnel till the end of the next academic session.

6.       DETERMINATION OF SCHOOL-WISE SURPLUS STAFF AND VACANCIES

          Based on the post allocation order issued under Para 4, the Deputy Commissioner of the Region will determinate for each Jawahar Navodaya Vidayalya of the region, by 15^th February, the school-wise number of (i) persons in surplus, and (ii) vacancies.

7.       ADMINISTRATIVE TRANSFERS TO ELIMINATE SURPLUS STAFF

7.1     In the Jawahar Navodaya Vidyalayas where teachers are in surplus, action will be taken to reduce such surplus to zero, in the following manner:

(i)          All teachers of relevant category working in Jawahar Navodaya Vidyalayas having a surplus in that category will be notified that teachers of that category in requisite numbers need to be transferred out to eliminate the surplus, and it will be ascertained whether any of them are willing to be transferred out to other JNVs within the region having vacancies in relevant category. To the extent possible, surplus will be eliminated by transferring willing teachers, who respond to the above notice, to vacant posts within the Region.

(ii)        Since some surplus may remain after action or at (i) above, person (s) in requisite numbers will also be identified at the station where each school having a surplus is located for effecting administrative transfer to the extent of such remaining surplus. This will be done on the basis of highest station seniority of teachers.

Preferences of such teachers from among available vacancies of JNVs of the region will also be ascertained. Preference of such persons under (i) above and those identified under (ii) above will be called at the time of calling for the details of surplus staff by 28^th February, and transfers will be effected, in that order, with due regard to their choice from amongst available vacancies, and as per guidelines by 31^st March.

7.2            In some cases there may be surplus staff in a particular category, in a region as a whole. To that extent, persons of that category will have to be transferred out of the region. Such persons will be those who can not be accommodated within the region by following the exercise spelt out in para 6.1 above. List of such persons, along with their preference for other regions, will be sent by the Deputy Commissioner by 28^th February, who will then transfer them to regions having net vacancies in that category, in the manner provided by 31^st March.

8.       CRITERIA FOR EFFECTING ADMINISTRATIVE TRANSFERS INTO AND OUT OF HARD & DIFFICULT AREAS:

(1)     One tenure posting of all male teachers / Officers and non-teaching staff in the rank of Superintendent and above in hard and difficult areas will be mandatory before they complete 50 years of age.

(1)(A)The minimum tenure which every employee, once posted in hard & difficult areas will have to complete in such areas will be 3 years: -

Explanation:        Where a person has worked in different Jawahar Navodaya Vidyalayas in hard and difficult areas without any gap or break, the entire period of continuous service in such areas will be considered for purposes of determining whether he has completed the minimum prescribed tenure.

(2)     After completion of the tenure prescribed above, if a person requests to be transferred out, he will, as far as possible, be given a posting of his choice as per modalities given in para 11 and 12.

(3)     As per objectives of the transfer policy as mentioned in para 1.3 and para 4(iii), the procedure for transferring teachers to fill up vacant posts in Jawahar Navodaya Vidyalayas situated in hard and difficult areas shall be as follows: -

(i)      Vacancies in JNVs in hard & difficult areas shall be published on the website of NVS and all Regional Offices, by 31^st January, and applications of willing persons will be invited up to 28^th February, for transfer to such vacancies. Based on applications received, orders posting teachers / employees to vacant posts in JNVs, of their choice, shall be issued by the Commissioner, by 31^st March.

(ii)      In addition to (i) above, 25% of anticipated vacancies in JNVs located in priority areas as on 1^st April of the following year will be filled up through administrative transfers. To fill up vacancies to that extent, senior most male teachers up to 50 years of age, as on 31^st August of the year, based on Seniority List, who have not completed prescribed minimum tenure in hard & difficult areas shall be transferred to such areas subject to their not belonging to Physically Challenged categories. This age limit will, however, not apply to employees posted in such hard and difficult areas on promotion or on other administrative grounds covered in para 4(iv) and 4(v) above. In addition, those teachers who have completed less than one year at the present place of posting as on 31^st August shall not be transferred to priority areas except on request.

(iii)     Transfer of teachers as per (ii) above will be ordered by the Commissioner, specifying the region but generally without specifying the school, by 31^st March. Posting to specific schools will be done by the Deputy Commissioner, by 30^th April.

9.       DISPLAY OF VACANCIES IN NON-PRIORITY AREAS ON NVS WEBSITE

          School-wise vacancies in JNVs, determined after issue of transfer orders as per paras 7 and 8 above, will be displayed by the NVS (Hqrs.) and Regional Offices on their Website by 5^th April.

10.              MUTUAL TRANSFERS

Mutual transfers of teachers within the same category which do not affect the vacancy position will be allowed provided provisions of Para 4, 11 & 17 are not attracted in either of the two cases. Request of the employees / teachers received in the prescribed proforma only by 31^st March of the year for mutual transfers shall be entertained and orders to this effect will be issued by 30^th April of the year. Requests for mutual transfers shall be forwarded to NVS (Hqrs.) by the Deputy Commissioners of the regions. Mutual transfers shall be considered only after inter and intra region transfers are over for all categories. The employee / teacher once transferred on mutual basis from one station to the other shall not be eligible for transfer back to the same previous station on mutual transfer.

11.     REQUEST TRANSFERS

11.1   Request transfers of Vidyalaya staff other than Principal and Vice Principal will be considered through a process of counseling which will be conducted at a single venue on a specified date and time between 1-15 May where all employees desirous of seeking transfer on request basis will be invited to participate. No applications for request transfer will be invited. Employees desirous of request transfer who attend the counseling session will, however, bring the applications duly signed by the Principal of the Vidyalaya verifying their service particulars in the prescribed proforma. On the scheduled date and time, the employees will be divided subject-wise and post-wise and available vacancies offered for counseling. The transfer on request basis will be considered against available vacancies only. No one will be transferred to any station by displacing any other employee to accommodate him / her. Any Vidyalaya staff who has completed maximum tenure prescribed under para 4(i) shall also be eligible to participate in this counseling programme.

The staff participating in the counseling session would be divided into Six groups with eligibility as under: -

Group-I

          Those seeking transfer to the Vidyalaya where his / her spouse is working and / or where such transfer would result in unification of the couple in the same JNV. This preference will not be given in those cases where both spouses are already working in the same JNV.

Group-II

          Those retiring in next three years on or before 30^th June.

Group-III

          Those presently working in JNVs in Shillong Region and other hard and difficult stations (Annexure-I) identified by the Samiti and who have completed three years of stay at these places as on 31^st August.

Group-IV

          Those who are seeking inter-regional request transfers i.e. transfer to any JNV outside the region in which they are presently posted and who have completed three years of stay in present region as on 31^st August.

Group-V

          Those who are seeking intra-regional request transfers i.e. transfer to any JNV within the same region and who have completed three years of stay at present JNV as on 31^st August.

Group-VI

          All remaining teachers / non-teaching staff not covered in above categories.

          The counseling for transfer would be done in the same order as mentioned above i.e. Group-I will be the first to opt for vacancies and so on, within each group, employees will have preference as per their length of stay in the present region / JNV as the case may be

11.2   In respect of Principals, Vice Principals and staff posted at Regional Offices / Hqrs., applications for request transfer will be invited by 31^st March. Requests for transfer will be considered as per criteria given in para 11.1 above and orders issued by 30^th May.

IMPORTANT NOTES

In following cases, requests for transfer shall not be considered: -

(i)      Request of a direct recruit for transfer from the place of first posting shall not be considered, before completion of a period of three years in case of male, and one year in case of female employee except to JNVs of hard and difficult areas.

(ii)      Request for transfer of a person posted on promotion will not be considered before completion of three years except to JNVs of hard and difficult areas.

(iii)     Assistant Commissioners and Deputy Commissioners will not be posted to the Region which covers their native State except three years before their retirement. Further, they will not be transferred back to the same station from where they were transferred earlier, unless a period of five years has elapsed.

(iv)    An employee who is transferred on administrative grounds mentioned in para 4(iii) shall not be considered for transfer before completing five years. However, persons posted to hard and difficult areas shall be considered for transfer on completion of their tenure as specified in Para 4(i). Further, they will not normally be transferred to the station from where they were transferred out on the said administrative ground.

(v)     A person who has been transferred on request will not be transferred on request again in the next three academic sessions.

(vi)    Employees recruited at Vidyalaya / Regional Office’s level will not be considered for request transfer out of present region since they were recruited for specific region. However, these employees can seek intra-region transfer within the present region.

12.     TRANSFERS UNDER SPECIAL CIRCUMSTANCES

12.1   Notwithstanding anything contained above, transfer application of an employee may be entertained for transfer to a station in respect of which no other person has made request even if such employee has not participated in the counseling programme or could not get a station of their choice during counseling programme The last date of preferring request by the teacher may be fixed as 25^th August for request transfer. The applications so received in Hqrs will be processed and the orders issued by Hqrs. by 31^st August of the year in one go. In case of more than one claimant against a single no taker vacancy the request will be considered in the same order of preference as in case of counseling programme.

13.    ROTATIONAL TRANSFER POLICY OF REGIONAL LANGUAGE TEACHERS

13.1   With a view to provide opportunities to Regional Language Teachers working outside their native State to get posting in their native State, the rotational transfer policy of existing Regional Language Teachers will be regulated as under: -

i)                   Regional Language Teachers working in other regions / Hindi Speaking States who have completed 5 years of stay outside their native State will be considered for transfer to their native States and the teachers who are working in native States for 5 years and above will be transferred in their places.

ii)                  Such rotational transfers shall be restricted to the extent of the teachers working in Hindi speaking States who request for transfer to native States.

iii)                Transfer of Regional Language Teachers posted outside the native States will also be made against the vacancies available in their native States.

iv)               Vacancies available in the native States may be filled up by transfer of Regional Language Teachers working outside the native States as per the length of their stay without insisting upon five years tenure.

v)                The rotational transfers shall be made in accordance with the length of service rendered in their native States / outside native State.

vi)               On rotational transfers their seniority shall be protected in their region of recruitment.

vii)             Recruitment of Regional Language Teachers for new vacancies may be made by the concerned Region where the vacancy is available and the selected teachers will have to serve in the region of their recruitment only.

viii)            Existing Regional Language Teachers will continue to be governed by the present policy of rotational transfer till such teachers remain outside their native States.

13.2   Exemption from rotational transfer of Regional Language Teachers

i)        Teachers who are more than 50 years of age so that they can concentrate of settlement of their children.

ii)       Husband and wife working in JNVs in their native State may not be considered for rotational transfers.

iii)      Extreme medical ground.

14.     ADMISSIBILITY OF TRANSFER TA

          Transfer TA as per NVS rules will be admissible in case of administrative transfers and rotational transfers of TGTs (Regional Language) to / out of native State, but not in case of mutual transfers and request transfers except in the following circumstances: -

(i)                            Where request transfer is effected against a vacancy in a school located in a hard and difficult area, or

(ii)          Where a person posted in school in a hard & difficult area is transferred out on request on completion of prescribed minimum tenure.

15.     TEMPORARY CHANGE OF HEADQUARTERS

          Deputy Commissioner shall be competent to change the headquarters of a teacher for a period not exceeding 90 days at a stretch within an academic session to any other school within the region on following grounds of administrative exigencies: -

(i)      In case no person is available for engagement on part-time contract basis to fill a vacancy (including a leave vacancy) in a school, and

(ii)    For ensuring better utilization of manpower. However, the Deputy Commissioner shall take due care while changing such headquarters temporarily so that the academic interest of the students at the employee’s present place of posting are not adversely affected.

16.     CALENDAR OF ACTIVITIES

For ready reference, calendar of activities in respect of transfers is summarized below: -

17.     GENERAL

17.1       Staff of JNVs will normally not be posted in or transferred to his / her home district.

17.2       All transfers will normally be affected only between academic sessions and there will normally be no transfers after 31^st August.

17.3       NVS reserves the right to transfer any teacher to any place at any time due to administrative exigencies. Commissioner may pass orders in such cases.

17.4       Transfers on account of serious illness, when it is not practicable to defer the transfer till next year without causing serious danger to the life of the teacher, his spouse or ailing son / daughter, may be effected by Commissioner at any time during the year.

17.5       Commissioner will be competent to make such departure from the Transfer Guidelines, as he may consider necessary, with the approval of the Chairman, NVS.

ANNEXURE-I

LIST OF JAWAHAR NAVODAYA VIDYALAYAS LOCATED IN HARD AND DIFFICULT STATIONS

ANNEXURE-II

          Type of diseases prescribed as valid for transfer on medical grounds.

          Type of disease

(i)           Cancer

(ii)         Paralytic stroke

(iii)        Renal failure

(iv)       Coronary artery disease where by pass surgery has been actually done.

(v)        Thalassaemia

(vi)       Parkinsons’ disease

(vii)     Motor-neuron disease

(viii)  Any other disease with more than 50% physical and / or mental disability duly examined and recommended by respective Regional Medical Board with latest records / reports (within three months).