Clarification for General and Mutual Transfer Rules

Government of West Bengal
School Education Department
(Secondary Branch)
Bikash Bhavan, 5th floor, Salt Lake, Kolkata-700091

No. 164(2)-SE(S)/10M-67/14                                Date: 03/03/2015

From: Asim Kumar Bhattacharya
Joint Secretary to the Govt. of West Bengal
To: 1. The Commissioner of School Education, West Bengal, Bikash Bhavan, 7th Floor, Salt Lake
2. The Chairman, West Bengal Central School Service Commission
Acharya Sadan, Sector-II, 11 & 11/1, E.E. Block, Salt Lake, Kolkata-91

   A teacher transferred from one school to his desired school by way of the West Bengal School Service Commission (General Transfer) Rules, 2013 and the West Bengal School Service Commission (Mutual Transfer) Rules, 2012 (hereinafter referred to as the said transfer), is facing confusions in respect of their past service, leave, confirmation etc.
Having considered the above facts, following clarifications are issued to remove confusions in the following manner:-

Sl No.	Queries	Explanation
1.	Whether a teacher transferred from one school to his desired school will undergo a probation period of 2 years further in the new school.	As a confirmed teacher is only eligible for the said transfer no further period of probation in the new school will require.
2.	Whether the deputation facility will be provided to a teacher transferred from one school by way of the above rules.	The teacher will avail the opportunity as per existing norms. However, his seniority shall be counted from the date of joining in the 1st school.
3.	Whether the part salary will have to be refunded if the teacher is released before completion of the month.	A teacher may be released before completion of the month in that case the old school will pay due salary for the entire month which is to be noted in the LPC and the new school will draw salary for the next month even he/she joins in the new school before expiry of previous month.
4.	Whether the leave in credit will be carried forward to the new place of posting.	Any type of leave in credit mentioned in the LPC will be carried forward in the new school.
5.	Whether the old school will issue release order on the basis of recommendation made by the SSC. Whether resolution of Managing Committee will be required. Whether the new school will issue appointment letter with effect from the date of joining of the teacher.	As the candidate applied with the approval of the Managing Committee for transfer, hence, further resolution of the Managing Committee is not required to move one school to another school on the basis of recommendation made by the SSC. The teacher will be released by the Headmaster/ Secretary of the school after receiving instruction from the DIS (SE) of the concerned district. The new school on the basis of release order, recommendation of the WBSSC and direction of the DIS (SE) concerned will issue appointment letter.
6.	Whether a teacher is under leave, on deputation, on suspension will be allowed to join after returning from leave, deputation, suspension. Whether he has to join within 03 (three) days.	In the rule there is no binding for a teacher to join within 03 (three) days or so after release from the old school to join in the new school. If the teacher does not join within 03 days, the rest period of absence will be deducted from leave account. The teachers already in leave or deputation or suspension will join after availing of leave or after completion of deputation. But the teacher has to submit his/her leave statement and other documents relating to transfer alongwith a prayer for continuation of leave and release salary w.e.f a certain date the Headmaster/ Headmistress of the new school where he/she has been recommended to join on transfer. The new school will draw salary w.e.f the date of reporting of the teacher.The teacher suspended after receiving recommendation for transfer will not be released till the teacher is reinstated or the disciplinary proceedings are completed.
7.	Whether the new roster point will be created when a teacher is transferred.	When a teacher is released from a school but without receiving any substitute the vacancy will be considered as a new vacancy and will be placed at the new roster point.

   

Sd/- Asim Kumar Bhattacharya
Joint Secretary to the Govt. of West Bengal