Jammu and Kashmir Government Asserts: Minister’s Approval Mandatory for Premature Transfers

Jammu and Kashmir Government Asserts: JAMMU: The Government of Jammu and Kashmir has said that premature transfers of government employees can only be carried out in exceptional circumstances and must be backed by recorded reasons and the prior approval of the Minister in charge. The statement came in response to a question raised by legislator Rajiv Jasrotia during the ongoing session of the Jammu and Kashmir Legislative Assembly.

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According to the official response, the transfer policy governing all government departments is laid out in Government Order No. 861-CAD of 2010, dated July 28, 2010. This policy outlines the broad framework for transfers, including general principles, the calendar for transfers, tenure norms, and delegation of powers. The Government clarified that the minimum tenure for an employee on a post is two years and the maximum is three years, though an extension up to five years is permissible for critical projects, provided the Minister in charge gives specific approval.

The Government added that premature transfers may only be carried out under defined conditions, such as poor performance, disciplinary proceedings, public interest, or serious health grounds certified by a medical board. These transfers must be supported by documented justification and cleared by the competent authority, reaffirming the Government’s commitment to transparency, accountability, and fair administrative practices.On the matter of unauthorised attachments and deployments, the Government acknowledged the problem of staff being placed in departments or offices without sanctioned posts. Referring to a series of government orders and circulars from 2008 to 2023, including the most recent Government Order No. 77-JK(CAD) of 2023 dated January 20, 2023, the Government stated that all departments had been directed to repatriate such staff to their parent organisations. Where violations have occurred, corrective actions, including cancellations of unauthorised attachments and redistribution of staff, have been undertaken.

Although the question sought detailed figures for premature transfers over the last two years, the Government stated that the data is voluminous and would be made available in soft form to the legislator. Efforts are also being made, the Government said, to improve monitoring and record-keeping, and to ensure that human resource deployment aligns with sanctioned strength and functional requirements across departments.

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