After 6th CPC recommendations in view of Child Care Leave DoPT had revised the guidelines regarding posting of husband & wife at same station vide OM No.F.NO.28034/9/2009-Estt.(A) dated 30-09-2009.
The consolidated guidelines effective from 30-09-2010 is as follows:
(i) Where the spouses belong to the same All India Service or two of the All India Services, namely lAS, IPS and Indian Forest Service (Group ‘A’);
The spouse may be transferred to the same cadre by providing for a cadre transfer of one spouse to the Cadre of the other spouse, on the request of the member of service subject to the member of service not being posted under this process to his/her home cadre. Postings within the Cadre will, of course, fall within the purview of the State Govt.
(ii) Where one spouse belongs to one of the All India Services and the other spouse belongs’ to one of the Central Services:-
The cadre controlling authority of the Central Service may post the officer to the station or if there is no post in that station, to the State where the other spouse belonging to the All India service is posted.
(iii) Where the spouses belong to the same Central Service:
The Cadre controlling authority may post the spouses to the same station.
(iv) Where the spouse belongs to one Central Service and the other spouse belongs to another Central Service:-
The spouse with the longer service at a station may apply to his/her appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station to the nearest station where the post exists. In case that authority, after consideration of the request, is not in a position to accede to the request, on the basis of non-availability of vacant post, the spouse with lesser service may apply to the appropriate cadre authority accordingly, and that authority will consider such requests for posting the said officer to the station or if there is no post in that station to the nearest station where the post exists.
(v) Where one spouse belongs to an All India Service and the other spouse belongs to a Public Sector Undertaking:
The spouse employed under the Public Sector Undertaking may apply to the competent authority and said authority may post the said officer to the station, or if there is no post under the PSU in that station, to the State where the other spouse is posted.
(vi) Where one spouse belongs to a Central Service and the other spouse belongs to a PSU:-
The spouse employed under the PSU ‘may apply to the competent authority and the said authority may post the officer to the station or if there is no post under the PSU in that station, to the station nearest to the station where the other spouse is posted. If, however, the request cannot be granted because the PSU has no post in the said station, then the spouse belonging to the Central Service may apply to the appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station, to the station nearest to the station where the spouse employed under PSU is posted.
(vii) Where one spouse is employed under the Central Govt. and the other spouse is employed under the state Govt.:-
The spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted.
(viii)
“The husband & wife, if working in the same Department and if the required level of post is available, should invariably be posted together in order to enable them to lead a normal family life and look after the welfare of their children especially till the children attain 18 years of age. This will not apply on appointment under the central Staffing Scheme. Where only wife is a Govt. servant, the above concessions would be applicable to the Govt. servant.
Complaints are sometimes received that even if posts are available in the station of posting of the spouse, the administrative authorities do not accommodate the employees citing administrative reasons. In all such cases, the cadre controlling authority should strive to post the employee at the station of the spouse and in case of inability to do so, specific reasons, therefor, may be communicated to the employee.
To read full order click here
Previous order after Fifth Pay Commission recommendations
OM No. 28034/2/97-Estt.(A) dated the 12th June, 1997 contains:-
The Fifth Central Pay Commission has now recommended that not only the existing instructions regarding the need to post husband and wife at the same station need to be reiterated, it has also recommended that the scope of these instructions should be widened to include the provision that where posts at the appropriate level exist in the organisation at the same station, the husband and wife may invariably be posted together in order to enable them to lead a normal family life and look after the welfare of the children, especially till the children are 10 years of age.
2. The Government, after considering the matter, has decided to accept this recommendation of the Fifth Central Pay Commission. Accordingly, it is reiterated that all Ministries/Departments should strictly adhere to the guidelines laid down in O.M.NO. 28034/7/86-Estt.(A) dated 3.4.86 while deciding on the requests for posting of husband and wife at the same station and should ensure that such posting is invariably done, especially till their children are 10 years of age, if posts at the appropriate level exist in the organisation at the same station and if no administrative problems are expected to result as a consequence.
3. It is further clarified that even in cases where only the wife is a government servant, the concession elaborated in para 2 of this O.M. would be admissible to the government servant.
4. These instructions would be applicable only to posts within the same department and would not apply on appointment under the Central Staffing Scheme.
To read full order click here
First Govt Order/Rules on the subject issued in 1986:–
No. 28034/7/86-Estt. (A) New Delhi the 03.04.86
It is the policy of the Govt. that as far as possible and within the constraints of administrative feasibility, the husband and wife should be posted at the same station to enable them to lead a normal family life and to ensure the education and welfare of their children.
Govt. desire that in all other cases the cadre controlling authority should consider such requests with utmost sympathy.
The classes of cases that may arise, and the guidelines for dealing with each class of case, are given below:-
(i) Where the spouses belong to the same All India Service or two of the All India Services namely IAS, IPSA and Indian Forest Service (Group ‘A’);
– The spouse will be posted to the same Cadre by providing for a cadre transfer of one spouse to the Cadre of the other spouse subject to their not being posted by this process to their home cadre. Postings within the cadre will, of course, fall within the purview of the State Govt.
(ii) Where one spouse belongs to one of the All India Services and the other spouse belongs to one of the Central Services:-
– The cadre controlling authority of the Central service may post the officer to the station or if there is no post in that station, the State where the other spouse belonging to the All India Service is posted.
(iii) Where the spouses belong to the same Central Service;
– The Cadre controlling authority may post the spouses to the same station.
(iv) Where the spouse belongs to one Central Service and the other spouse belongs to another Central Service:-
– The spouse with the longer service at a station may apply to the appropriate cadre controlling authority and the said authority may post the said officer to the station, or if there is no post in that station to the State where the other spouse belonging to the other Central Service is posted.
(v) Where one spouse belongs to an All India Service and the other spouse belongs to a Public Sector Undertakings;
– The spouse employed under the Public Sector Undertaking may apply to the competent authority and said authority may post the said officer to the station, or if there is no post under the PSU in that station, to the State where the other spouse is posted.
(vi) Where one spouse belongs to a Central Service and the other spouse belongs to PSU:-
– The spouse employed under the PSU may apply to the competent authority and the said authority may post the officer to the station or if there is no post under the PSU in that station, to the State where the other spouse is posted. If, however, the request cannot be granted because the PSU has no post in the said station/State, then the spouse belonging to the Central Service may apply to the appropriate cadre controlling authority and the said authority may post the said officer to the station or if there is no post in that station, to the state where the spouse employed under PSU is posted.
(vii) Where one spouse is employed under the Central Govt. and the other spouse is employed under the State Govt.
– The spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted.
As will be seen from the illustrations given above, they do not cover all possible categories of cases which may arise. In fact it is not possible to anticipate all the categories of cases. Each case, no covered by the above guidelines will have to be dealt with keeping in mind the spirit in which these guidelines have been laid down and the larger objective of ensuring that a husband and wife are, as far as possible and within the constraints of administrative convenience, posted at the same station.
To read full order click here
Other Orders regarding posting on Medical Grounds:-
O.M. No. 36035/112000-Estt. (Res.) dated 18-2-2000 [click here to see original order in English]
Click here to see in Hindi
Subject: Employees having children with hearing impairment or multiple disability.
1. The undersigned is directed to say that there has been a demand that an employed parent of a child suffering from hearing impairment or multiple disability may be given posting to their own, preferred linguistic zone or state where educational facility to their hearing impaired or multiple disable child exists and that too in the same language exists. This demand has been made on the ground that the disabled children may have opportunities of learning in one single Language, as these children cannot cope up with learning their subjects in more than one language, as a result of transfer of their parents from one State to another
2. The matter has been examined: Considering that the facilities for medical care and education of children with hearing impairment or multiple disability may not be available at all Stations, such requests from the parents of a child suffering from hearing impairment or multiple disability, may as far as possible, be considered syrnpathctically. Where, however, this may not be possible, efforts may be made to accommodate such a Government servant in the same State to the extent possible.
No. AB 14017/41/90-Estt. (RR) New Delhi, 15th February, 1991 [click here to see original order]
Subject: Posting of Government employees who have mentally retarded children.
The undersigned is directed to say that there has been a demand that an employed parent of a mentally retarded child should be given posting at a place of his/her choice. This demand has been made on the plea that facilities of medical aid and education of such children are not available everywhere. Also looking after such children does require special care and patience and is expensive. Hence some concessions from the Government at least in matters of posting at a place of choice is called for.
2. The matter has been examined. Considering that the facilities for medical help and education of mentally retarded children may not be available at all stations, a choice in the place of posting is likely to be of some help to the parent in taking care of such a child. While administratively it may not be possible in all cases to ensure posting of such an employee at a place of his/her choice, Ministries/Departments are requested to take a sympathetic view on the merits of each case and accommodate such requests for posting to the extent possible.
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No. A-B 14017/41/90-Estt. (RR) New Delhi the 10th May, 1990 [click here to see original order]
Subject: Posting of Physically Handicapped Candidates.
The undersigned is directed to say that a suggestion has been made that physically handicapped candidates appointed under the Government should preferably be posted in their native places or at least in their native district. The matter has been examined carefully. It may not be possible or desirable to lay down that physically handicapped employees belonging to Group-A or Group-B who have all India transfer liability should be posted near their native places. However, in the case of holders of Group-C or Group-D posts who have been recruited on regional basis and who are physically handicapped, such persons may be given posting, as far as possible, subject to administrative constraints, near their native places within the region.
2. Requests from physically handicapped employees for transfer to or near their native places may also be given preference.
No. A-B 14017/16/2002-Estt.(RR) – 13th March, 2002 [click here to see original order]
Subject: Posting of Physically Handicapped Candidates.
Reference this Department’s O.M.NO. AB-14017/41/41/90-Estt. (RR) dated 10.5.1990 (copy enclosed) on the above subject.
2. It is clarified that the guideline contained in para 2 of this Department’s O.M. dated 10.5.1990 that requests from physically handicapped employees for transfer to or near their native places may also be given preference, covers physically handicapped employees in Groups A, B, C and D.
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COMMENTS
Iam deepthi, Senior Assitant Revenue Dept i willing to work in Telangana State, anybody interested plz contact me 9966668970, sir if i have a mutual, my mutual transfer is considered by the state government?????