Compulsory Transfer of Teaching/ Non-Teaching Employees
Published in School Education. Tags: Transfer.
Government of West Bengal
School Education Department
Bikash Bhawan, Salt Lake City, Kolkata – 700 091
No: 227-ES/S/1S-4/95 Date: 12.03.2018
In exercise of the power conferred under section 10C of the West Bengal School Service Commission Act, 1997, read with sub-section 2(j) of section 27 of the West Bengal Board of Secondary Education Act, 1963, the following guidelines are hereby issued in respect of transfer of teaching and non-teaching employees of Government sponsored and Government aided schools in the State for administrative reasons:
1. Notwithstanding anything contained elsewhere, the Department of School Education, may (a) in the interest of education, or (b) in the interest of public service for administrative reasons direct the West Bengal Central School Service Commission to make recommendation for placing the service of any teacher (including Headmaster/ Headmistress and Assistant Headmaster/ Assistant Headmistress) or non-teaching staff (including Librarian) from one school to another against any sanctioned post.
2. The West Bengal Central School Service Commission may, after observing the conditions herein below, issue recommendation for such transfer to the appointing authority within such time and in such manner as may be contained in the direction of the Department of School Education.
3. The appointing authority shall issue transfer order in terms of the recommendation of the West Bengal Central School Service Commission. The transfer order shall contain the details of joining time, the school to which transfer is made and such other details as may be required. In case of the school authority not releasing the teacher or the non-teaching staff within the time as stipulated in the transfer order, the appointing authority may, after recording the reasons in writing, release the concerned teacher dr non-teaching staff in fit cases.
4. The teacher or the non-teaching staff shall join the school to which he/she is transferred within 3 days from the date of his/her release. The period in between the release and the joining shall be treated as joining leave which shall be recorded in the Service Book of the concerned teacher or the non-teaching staff.
5. The salary for the period of joining leave, if any, shall be claimed by the concerned Head of the Institution of the school where the teacher or the non-teaching staff joins on transfer.
(a) Such transfer shall be made only against sanctioned posts;
(b) The post to which transfer is recommended, shall be in the same category of pay and medium of instruction as that held by the teacher in respect of whom the transfer is recommended. In addition, the subject of the teacher shall be taken into account in case of transfer of a teacher teaching in classes from class IX to class XII and the subject group shall be considered in case of transfer of a teacher teaching up to class VIII;
(c) No such transfer can be made in respect of a male teacher to a school only for girls.
7. In case of any dispute arising in the process of effecting transfer under section 10C of the West Bengal School Service Commission Act, 1997, the matter may be referred to the Commissioner of School Education, West Bengal.
8. On the question of any interpretation of these guidelines, the matter may be referred to the School Education Department.
By order of the Governor
Principal Secretary to the
Government of West Bengal
No. 227-ES dated 12.03.2018, Source