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Section 4: Transfer of teaching staff by counselling in the interest of public service or on request

The Karnataka State Civil Services (Regulation of Transfer of Teaching Staff of Department of Technical Education) Rules, 2021.State Rules of Karnataka · 1990

(1). The teaching staff completing minimumlength of service at the place of regular posting shall be compulsorily transferred in the interest of public service through a process of counselling subject to restrictions imposed in sub rule (3). The minimum length of service to be completed at the place of present regular posting for the purpose of transfer shall be four years.

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(2). The teaching staff belonging to categories 2, 3, 4 and 5 as specified in sub rule (3) may request for transfer through counselling after completion of minimum length of service at the place of present regular posting as stipulated in sub-rule (1) subject to restrictions imposed in sub-rule (3). For this purpose, the teaching staff shall apply from any one of the categories of 2, 3, 4 or 5 as specified in sub rule (3), but not more than one.

(3). Restriction on transfer – The total number of transfers through counselling shall not exceed fifteenpercent of the sanctioned strength of the teaching staff. Out of 15% of the total number of transfers, ninepercent shall be earmarked for compulsorytransfers in the interest of public service through counselling and remaining six percent shall be earmarked for transfers on request, as specified in table below, on completion of minimum length of service as specified in sub-rule (1):- Sl.

No.

Category Percentage of transfers

1. Compulsorytransfers in the interest of public service 9 %

2. Spouse cases 3 %

3.

Cases of Widow or Single parent with children below 12 years or womendivorceewho has not re-married orthe teaching staff having physically dependent spouse and children who has suffered benchmark disability while serving in IndianArmed forces or Paramilitary forces.

1 %

4. Cases of person with benchmark disabilities 1 %

5. Serious ailment cases 1 % Total 15 %

(4). Exceptions to transfers. - (a) The minimum length of service as prescribed in sub-rule (1) shall be reduced by one year, if the concerned teaching staff so desires and shall be availed only once in the total span of service

Provided that, where a teaching staff has a spouse or children who is a person with benchmark disability or who is suffering from serious ailment, for which medical treatment is not available at the place of work of teaching staff and the transfer of teaching staff is necessary to a place where such treatment is available, subject to provisions in these Rules.

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Provided furtherthat, no transfer shall be considered under thisclauseunless the concerned teaching staff produces a Certificate from the District Medical Board specifying the nature of ailment, stating the fact that the required treatment is not available at hisplace of work and also specifying the place where the requiredtreatment is available and certifying that his transfer is necessary to such a place to provide him the required medical treatment.

(b). A teaching staff who have completed minimum length of service as prescribed in sub-rule (1), shall be subject to following exemptions from transferwhich shall be availed only once in the total span of service, in thefollowing casesnamely: -

(i) A teaching staff who has less than two years of service for superannuation shall not be transferred, if the teaching staff so desires.

(ii) A teaching staff who is undertaking a major project sanctioned by the AICTE, TEQUIP and any other Government body or any Statutory Agency for a specific period shall not be transferred for a period of two years or till the completion of project, from the date of completion of minimum length of service as prescribed in sub-rule (1). In order to claim said exemption, the concerned teaching staff shall provide details of major project undertaken in proformaspecified prescribed by the competent authority.

(iii) A teaching staff, who is a research guide and has students undertaking Ph.D. or M.Phil.research work under him, in a Government Engineering Collegewith research centresshall not be transferred for two years from the date of completion of minimum length of service as specified in sub-rule (1) or till completion of Ph.D or M.Phil whichever is earlier.

(iv) A teaching staff who is serving as a NCC Officer in Government Engineering andGovernmentPolytechnic Colleges shall not be transferred for two years from the date of completion of minimum length of service as prescribed in sub-rule (1).

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(v)A teaching staff whois central office bearer of theKarnataka Government College Teachers Association and has completed minimum length of service as prescribed in sub-rule (1) shall not be transferred till the completion of the term of the concerned office bearer.

(5). The transfer by counselling shall be done in the following order:(a) The teaching staff working in Zone-B, as per the priority listprepared under Rule 5 in the descending order of seniority, shall be allowed to selectany college displayed in any zone except thepresent place of posting.

(b) The teaching staff working in Zone-C, as per the priority list prepared under Rule 5 in the descending order of seniority, shall be allowed to select any College displayed in any Zone except the present place of posting.

(c) The teaching staff working in Zone-D, as per the priority list prepared under Rule 5 in the descending order of seniority, shall be allowed to select any College displayed in any Zone except the present place of posting.

(d) The teaching staff working in Zone-A, as per the priority list prepared under Rule 5 in the descending order of seniority, shall beallowed to select any College displayed in any Zone except present place of posting.

Where this provision sits

ActThe Karnataka State Civil Services (Regulation of Transfer of Teaching Staff of Department of Technical Education) Rules, 2021.
Section4
Marginal noteTransfer of teaching staff by counselling in the interest of public service or on request
JurisdictionState of Karnataka
StatusIn force as published by the source

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