General promotion counseling without holding a general transfer counseling
Madras High Court has directed the authorities to conduct a general transfer counseling first and then continue promotional counseling for schools in the state and wrap it before April 30.
The court heard a number of petitions which asked to train the authorities from filling out vacancies for the existing secondary school principals by conducting general promotion counseling without holding a general transfer counseling.
Employee transfer occurs every time an administrative exigence
Justice M Ramesh said that normally, general transfer counseling occurs once in three years and employee transfer occurs every time an administrative exigence or a large vacancy or when vacancies must be filled through promotions. At least from 2017-2018, general transfer counseling has been going on before promotional counseling.
Government prohibits the creation of new posts in all departments
As an effect after the Covid-19 crisis, the government prohibits the creation of new posts in all departments other than allowing the recruitment of empty entry-level posts including appointments and recruitment with transfers.
The judge said that a GO dated 21 May 2020, was authorized by the government who decided to reduce certain costs as part of economic measures and efforts to mobilize resources. The government finally decided to hold public transfers as an economic step to reduce or save expenses for travel costs for government employees including the department of Education.
Public transfer counseling
The judge said that when a certain query was included in what could be the cost incurred by the government when a public transfer counseling occurred, the state proposed that transfers in counseling had no right to divert travel allowances.
Absence of a specific clause on the journey
However, they will get seven days to go to facilitate their transfer, for which period they have the right to salary. Observing that the State Stand is unacceptable, the judge said that in the absence of a specific clause on the journey it allows the government to conduct promotional counseling before the transfer counseling, consistent procedures should not be given a go-by.
Therefore the judge directed the director of the Department of School Education and the Director of Elementary Education to conduct general transfer counseling, followed by promotional counseling on the same day or successful days if necessary.
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