Dampati Case Badali Babat Pariptra 2021
Dampati Case Badali: Provision is made in paragraph No. 8 (2) of Appendix-1 with the resolutions dated 25/11/2005 against the number- (1) read above of the General Administration Department that, Or trying to keep both in the same place as far as possible in cases where they are employed in any public enterprise in the state. Demands for the continuation of the husband or wife in the same place where the husband or wife is present or for the appointment of both in one place should be considered sympathetically at the competent level. During the process of such consideration, the competent authority must give priority to the public interest, administrative needs and the interests of the work.”
According to the resolution against No. (2) and the circular against No. (3) read above in the General Administration Department, a disabled employee, as well as a female employee appointed on a contract basis, should have served at least one year and a male employee should have served at least two years. Provision has been made for such candidates to be considered and transferred if they apply for transfer.
Thus, despite the implementation of the above instructions of the General Administration Department for the transfer of regular as well as fixed employees recruited from the regular recruitment process as well as disabled employees, some departments have issued instructions not to transfer/relocate before the completion of five years of service in case of such employees., Which is not consistent with the existing instructions of the General Administration Department. Hence, the following instructions are circulated in this regard.
Dampati Case Badali
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 the transfer of the disabled, giving priority to the 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 and operation of the department should be given priority while reviewing.
The jobs of the officers/employees of the 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 should be considered for appointment at the same place / nearby place by transfer or deputation to an equivalent place. Thus, before making an appointment by transfer/deputation, the competent authority shall give priority to public interest administrative requirements and operation.
A woman employee who has been appointed on a fixed salary basis on a contract basis through a regular recruitment process has passed at least one year of service as per the resolution against the number- (2) read above in the General Administration Department. And there is a provision that the male employee can be replaced when he has served at least two years. However, in case the spouse can be kept in the same place / nearby place, even if the male employee has served for one year, he/she will be able to transfer/change district after 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 instructed to strictly follow the above instructions.
