J&K notifies transfer policy for subordinate Courts’ staff in J&K, Ladakh

Srinagar:  Jammu and Kashmir High Court (HC) on Monday notified transfer policy for the staff of the Subordinate Courts in the Union Territory of Jammu and Kashmir and Ladakh.

In this regard, an order has been issued by the Principal Secretary to the Chief Justice, Rajeev Gupta. As per the transfer policy, a complete database shall be maintained by the Secretariat of all the staff members of their service record including details of their posting which shall be updated on a real-time basis.

Stating the general principles of the policy, the government order reads, “Transfers shall normally be affected once in each calendar year ordinarily in the month of April or May. The eligibility and suitability of the concerned staff members and the interest of the judicial institution shall be given the utmost priority while affecting the transfers.”

The order reveals that the convenience of the staff member shall also be considered provided it does not affect the general interest of the institution. “The endeavor shall be made to have postings on a rotational basis and equal opportunity shall be given to eve, a staff member in each class and category to serve in different parts of a District, Division, or the UTs, as the case may be” it reads.

“Physically challenged or infirm staff members and those who are lactating mothers shall subject to availability of posts and the general convenience of the institution be given convenient postings, as per their preference. The presence of any physically challenged, sick or infirm dependent in the family of a staff member shall also be considered appropriately”, it reads.

With regards to the tenure of posting, the order states that the minimum tenure of a staff member on a post or place shall normally be three years. However, at a Hard Station (as defined in Polity on Transfer of Judicial Officers) a staff member hailing from a normal station shall have tenure of one year only.

In case of the retention of the staff member, it reads that on any post or place beyond the period of one year or three years as the case may be in the larger interest of the institution or if the concerned post requires special skills and a staff member exclusively possesses such skills.

“No representation shall normally be entertained within six months of the transfer or six months before the completion of tenure at any place. A representation for transfer sought on the health grounds shall be entertained only if it is accompanied by duly verified Medical Record from any recognized health service institution”, it reads.

The order also reads that on acceptance or rejection of a representation for transfer of a staff member shall not be permitted to make another representation for transfer on similar grounds within a period of one year from the date of such acceptance or rejection.

“The Secretariat may devise a mechanism for seeking preferences of postings In the month of January from those staff members who shall be due to be transferred in the months of April/May for the purposes of transfer and to make an endeavor to effect posting”, the government said. (KNO)

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