Dampati Case Badli – Husband-Wife Transfer Case

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Paragraph No. 8 (2) of Appendix 1 with Resolution 25/11/2005 against the number- (1) read above of the General Administration Department provides that,  Trying to keep both in the same place as far as possible in cases of employment in any public enterprise in the State, to continue the husband or wife in the same place where the husband or wife is, or to consider sympathetically the demands for appointment of both in one place.  

During the process, the competent authority should give priority to the public interest, administrative requirements and the interest of the work. ”  Provision has been made for such candidates to be considered and transferred if they have completed one year of service and the male employee has completed at least two years of service and such candidates apply for transfer.  

In spite of the implementation of the above instructions of the General Administration Department for the transfer of employees as well as disabled employees appointed through regular recruitment process, some departments have issued instructions not to transfer / transfer the district before the completion of five years of service in the case of such employees.  Not compatible with existing instructions.  Hence, the following instructions are circulated in this regard.  

Circular: As per the prevailing instructions of the General Administration Department read above, the survey departments will have to follow the guiding principles of keeping husband and wife in one place as far as possible as well as transfer of the disabled, giving priority to public interest, administrative needs and work interest.  

If any instructions are issued by the Heads of Departments / Departments of the Secretariat which are not in conformity with these guidelines, they shall be immediately reviewed with the necessary justification in consultation with the General Administration Department to compare with the existing instructions of the General Administration Department.  Public interest, administrative requirements of the department and operation should be given priority while reviewing *.  

The jobs of officers / employees on duty in State Government Boards, Corporations, Granted Institutions are mostly non-transferable.  In such circumstances, if the spouse is on duty in the state or panchayat service, he / she will have to consider transfer or deputation to the same place at the nearest place.  Thus before making appointment by transfer / deputation the competent authority shall give priority to public interest administrative requirement and operation.  .  

The resolution against the number (2) read above in the General Administration Department provides for replacement when a female employee who has been appointed on a fixed salary basis through regular recruitment process has served for at least one year and a male employee has served for at least two years.  

However, in case the spouse can be kept in the same place / nearby place, the male employee can change his / her name after one year even if he / she has served for one year.  The department will have to make arrangements for such transfers to be made in a transparent and timely manner.  .  All the departments of the Secretariat and all the Heads / Offices under it are hereby instructed to strictly follow the above instructions.

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Dampati Case Badli – Husband-Wife Transfer Case