के (cid:574)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग१,मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:671)ी, New Delhi – 110067 ि(cid:554)तीय अपील संূा / Second Appeal No. CIC/POSTS/A/2024/601131 Shivani Kumari … अपीलकता१/Appellant VERSUS बनाम CPIO: Department of Post, P atna …ঋितवादीगण/Respondents Relevant dates emerging from the appeal:

Hon’ble Commissioner _ANANDI RAMALINGAM O R D E R

1. The Appellant filed an RTI application dated 25.09.2023 seeking information on the following points:

 Kindly refer to reply of Bihar Circle in r/o RTI appeal no POSTS/R/E/23/10878 dated 24-07-2023 and POSTS/A/E/23/02567 dated 27-08-2023 wherein it was replied that One vacancy out of 10 vacancies is given for EWS Cadre. It is to submit that EWS category has came into force w.e.f 14-01-2019 and Bihar Circle has not approved even a single PACO candidate from EWS category since date of effect of EWS category.

In view of the above, it is requested to submit information on following points:

1. As one vacancy out of 10 is given to EWS category, how many PACO cadre employees has been approved by Bihar Circle for Inter circle Rule-38 transfer (inward) since date of effect of EWS category till date. (Consolidated list of such PACO may be provided).

2. Whether the number of such PACO candidates in Bihar Circle is more than

10? If yes, why at least one vacancy is not given to EWS category for rule-38 transfer (inward).

3. Present vacancy of PACO cadre under EWS category for rule-38 transfer (inward) in Bihar Circle.

2. Having not received any response from the CPIO, the Appellant filed a First Appeal dated 27.10.2023. The FAA vide order dated 04.12.2023 directed the CPIO to provide the information within 7 days.

3. In compliance of the FAA order, the CPIO replied vide letter dated 02.01.2024 and the same is reproduced as under :-

Point No. 1 and 2: Reservation under EWS category was notified in the year 2019. Accordingly, Reservation under EWS category was added/ introduced by Staff Selection Commission in the notification of SSC CHSLE 2019 for appointment to the post of PA/SA in Department of Posts. Thereafter, completion of examination process result of CHSLE 2019 was declared on 10.05.2022. Thereafter, allocation of candidates, recommended by SSC for appointment to the post of PA/SA in the Department of Post, was made by Postal Directorate vide its letter no. W- 04/7/2022-SPN-I dated 26.08.2022. After completion of other recruitment formalities such as division/ unit allocation and verification, joining process of such candidates started from October 2022 in circles. In this way such candidates selected for appointment under EWS Category, joined this department from the month of October 2022 and onwards.

As per the guideline of transfer under Rule-38 "An official shall not be transferred from one unit to another, either within the same Circle, or to another Circle unless he has completed one year of service."

Since PA (CO)s under EWS category has joined this department in October 2022 and onwards, they have completed one year of service in October 2023 and onwards.

Since, the applicants of SSC CHSLE 2019 have not completed one year of service by September 2023 accordingly no Rule 38 transfer has taken place till September

2023 cycle under EWS category.

Transfer under Rule - 38 of Postal Manual Vol. -IV is now done through Online Portal. The officials submit their application on the "Rule 38 Portal". Once in each quarter (during March, June, September & December), the online portal is opened for feeding of available vacancies in the online portal by Divisions/Units.

Last transfer cycle on Rule-38 online portal has run in December 2023 and only two (2) vacancies were available to the cadre of PA(CO/RO) at the time of feeding vacancies on Rule 38 portal. Therefore, no vacancy was fed under EWS ca