Mutual Transfer Problems – Need Clarifications
May 14, 2012 at 1:20 pm #67480
I am presenting to you a peculiar problem that has arisen in relation to the proposed mutual transfer of my wife. Here are the details.
My wife works as a Geography teacher in H/PG (General) category in Siliguri. Her school is a secondary one. She has decided to seek transfer with a lady working in a similar capacity in an HS school. The lady is approved for teaching in the HS section. This is the root of all problems. The headmaster of that school is refusing to accept her application saying that he would only accept a transfer request with a teacher approved for the HS section. He says that if the teacher coming through the transfer is not approved for HS section he/she might refuse to take HS classes. He says that he has the right to refuse to accept an application on this ground. I am totally confused about this and require some clarifications about this from the honorable members. My questions are
1. Does the HM have the right to refuse accepting an application on this ground?
2. Is there any rule debarring a candidate of a secondary school to seek transfer with teacher of an HS school? If so can anybody point me to the relevant order?
3. What should be the course of action to be taken now?
I am really totally confused. Any help or suggestions would be welcome.May 14, 2012 at 5:01 pm #72524
Hi dear. I am sorry to know the problem regarding transfer of your wife.
I think the Words “same category” under para “d” of Rule “3” of the said G.O. restricts her to get transfer to a Higher Secondary school.
d) the Incumbents concerned opting for mutual transfer shall be from the same category of schools, having same medium of instruction i.e. Bengali or English or Hindi or Nepali or Oriya or Santhali or Telegu or Urdu or Bengali-Urdu;May 14, 2012 at 5:46 pm #72526
Thanks for the reply Somnath. This rule of the SSC is exactly the bone of contention in this case. For example the rules state that
“‘Category’ means Assistant Teachers or the Librarian or Clerical Staff and includes Clerk, Group-D, peon or laboratory Attendant or Night Guard or Matron of a school. and
‘Incumbent’ means a teacher of a school of any category including non-teaching staff and librarian of a school for mutual transfer;”
Now then if we go to the rule you have pointed to, the whole thing seems a bit contradictory and confusing. What exactly does ‘category’ mean? Does a HS school and a secondary school fall under separate categories. I have had a talk to some headmasters and they are of the opinion that ‘category’ simply refers to the medium of instruction as has also been laid down in the rules. As long as everything else is similar(in this case both the applicants are H/PG, both are general category, both are female and both are (co-incidentally) of the same age. So I do not think that there could be any grounds for any headmaster refusing to accept the application. Moreover, there is nothing in the application form that asks if the applicant’s school is HS or Secondary. So, most headmasters don’t think that it is an issue. One has even told me of a mutual transfer in a Madrasah, where one of the applicants, was working as an HS teacher, but after the transfer to a junior high Madrasah, has now been approved as a teacher of the Normal section.
Anyways, after having a talk with several teachers, headmasters, a lawyer as well as the well known and immensely respected Pashupatibabu, I have asked the lady of the school to which my wife seeks transfer, to ask the headmaster to let her know in writing(under the RTI act), the exact reason for refusing to receive the application for transfer, or even to refuse the transfer. We shall then take it up with the SSC.
Will let everyone know of the developments.May 15, 2012 at 2:14 am #72534
Ya. the exact meaning of the word “same category of school” is lacking in the rule but I think the Secondary and Higher secondary schools are of different categories. Before taking any kind of steps you referred, I would like to suggest you to find a person who is nearest and dearest to that head teacher and seek help. Disclose him/her the whole and make it assure that your wife is willing to teach the H.S. Students and she will also undertake the matter in writing if required. Ignore this if you already taken this kind of steps. Be waiting to see the future with best wishes to you dear friend.June 26, 2012 at 11:42 am #72939
My wife is working Assistant Teacher in Sheoraphuli Surendranath Vidhyaniketan for Girls. In the year 2011 she was send for B. Ed. training from school after signing a Bond for 3 years, mentioning that she can’t left the school within the period of three years. After that Mutual Transfer Rule has came into the force. According to this rule she find her match and apply for mutual transfer. Now school managing committee do not agree to sign her no objection and declaration form as there is a bond. We approached to the Managing Committee that before enacting of the Mutual Transfer rule there was possibility of hamper of school because of release of a teacher as the post would have been vacant for one year. But in case of Mutual Transfer, the respective teacher have to join within 3 days. Hence, there is no question of hamper of school. But they stand at the same point. In this position what shall I do.June 26, 2012 at 12:25 pm #72940
In the year 2011 she was send for B. Ed. training from school after signing a Bond for 3 years, mentioning that she can’t left the school within the period of three years.
Is there any Govt order for signing the bond?June 26, 2012 at 12:28 pm #72941
Actually I don’t know whether there is any Govt. Order or not.June 26, 2012 at 5:53 pm #72947
Yes, as per G.O. No. 490-SE(S)/2P-01/2009, dated 11.05.2009, the teacher have to submit a written undertaking to serve the institution not less than 3 years after completion of B.Ed.
Thanks admin. I think we should discuss the matter to find a suitable solution.June 26, 2012 at 6:11 pm #72948
I’ve no idea but I feel if the matter is taken to the notice of the Honorable minister-in-charge, hon’be CM for consideration new up-dated G.O. will be published… However alternatively, one may go to the High Court which is less advisable as it may time-consuming. But at first an RTI should be made to the SSC and the WBBSE to get the guideline. I think otherwise the MC cannot/may not give no objection certificate on the basis of the bond…June 27, 2012 at 4:02 am #72953
Ok. Then can any body tell me, what is the procedure to take the matter to the Hon. Minister, or get information according to RTI Act.
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