No. 13017/16/2003-AIS(I)

Government of India

Ministry of personnel, Public Grievances and Pensions

Department of Personnel & Training

New Delhi, the 8th November, 2004

OFFICE MEMORANDUM

Subject : Change of Cadre of All India Service Officers – policy regarding.

The undersigned is directed to say that the change of cadre of All India Service officers is governed by Rule 5(2) of the IAS (Cadre) Rules, 1954 and analogous Rules in the IPS (Cadre) Rules, 1954 and IFS (Cadre) Rules, 1966, which is an follows:

"5(2) The Central Government may, with the concurrence of the State Governments concerned transfer a cadre officers from one cadre to another cadre"

2. In recent practice,, this Rules has been invoked only in cases of marriage between the All India Service(s) officers. There have been cases where following marriage one officers has moved to the cadre of his or her spouse. There have also been cases where both spouses have moved to a third cadre. The policy in this matter has been reviewed in detail and a view taken, with the approval of Prime Minister, as follows:

(i) Inter-cadre transfer shall continue to be permitted for members of All India Service officers on marriage to another member of an All India Service, where the officer or officers concerned have sought a change.

Inter-cadre transfer shall also be permitted on grounds of extreme hardship in the rarest of cases.

(ii) Inter-cadre transfer shall not be permitted to the home State of the officer.

(iii) In cases of inter-cadre transfer on grounds of marriage, efforts should be made in the first instance to ensure that the cadre of one officer accepts his or her spouse.

(iv) Only in instances where both States have refused to accept the other spouse will the officers be considered for transfer by the Government of India to a third cadre subject to the consent of the Cadres concerned for such transfer.

(v) Inter-cadre transfer shall not be permitted to All India Service officers on marriage to an officer serving in a Central Service/ State Service/ Public Sector Undertaking/ any other Organization.

(vi) ‘Extreme hardship’ for purposes of inter-cadre transfer, should be defined to include (a) threat to the life of the officers or his immediate family and (b) severe health problems to the officer or his immediate due to the climate or environment of the State to which he is allotted.

(vii) In cases of request on grounds of threat or health, the Central Government shall have the genuineness of the request assessed by an independent Central agency or group of at least two independent experts.

(viii) If a request on grounds of threat or health is found to be genuine, the Central Government may initially send the officer on a three years deputation to a State of its choice. The situation may be re-assessed after the three years period. If the situation so warrants, the Central Government may permanently transfer the officer to that State.

The Ministry of Home Affairs and the Ministry of Environment & Forests are requested to consider all the requests for inter-cadre transfers of All India Service(s) officer in accordance with the above policy. All such requests shall be processed and after obtaining approval of the Minister in-charge, be submitted for the orders of the Appointments Committee of the Cabinet.

Sd/-

( Keshav Desiraju)

Joint Secretary to the Government of India

 

To

Shri Dhirendra Singh,

Secretary,

Ministry of Home Affairs,

New Delhi.

Dr. Pradipto Ghosh

Secretary,

Ministry of Environment & Forests,

Paryavaran Bhawan, New Delhi

Shri N.K. Joshi,

Director General and Special Secretary,

Ministry of Environment & Forests,

Paryavaran Bhawan, New Delhi.

Copy also forwarded for information and necessary action to

Establishment Officer and Addl. Secretary,

Department of Personnel & Training, New Delhi.

Joint Secretary(AM)

Cabinet Secretary, New Delhi.

Director (Smt. Renuka Kumar), P.M.O.

Comptroller and Auditior General of India, New Delhi