Guidelines regarding change of cadre of Indian Administrative Service Officers appointed against vacancies reserved for Physically Handicapped (PH) category.

No.13017/16/2003-AIS-I (Pt) 

Government of India 

Ministry of Personnel, Public Grievances and Pensions 

Department of Personnel and Training 

North Block, New Delhi 

Dated the 14th February, 2014 

OFFICE MEMORANDUM 

Sub: Guidelines regarding change of cadre of Indian Administrative Service Officers appointed against vacancies reserved for Physically Handicapped (PH) category. 

The undersigned is directed to refer to the subject cited above and to say that change of cadre of Indian Administrative Service Officers is governed by Rule 5(2) of the Indian Administrative Service (Cadre) Rules, 1954 and guidelines as contained in DOPT's O.M. No. 13017/16/2003-AIS (I) dated 08.11.2004. 

2. This Department has been receiving requests from IAS officers appointed against vacancies reserved for physically handicapped candidates for change of their cadre to a preferred cadre including their home cadre on the grounds of hardship. Therefore, a need has been felt to have a suitable policy by allowing separate dispensation for PH category officers in the matter of change of cadre. 

3. Accordingly, the Competent Authority has approved the following guidelines for change of cadre of Indian Administrative Service Officers appointed against vacancies reserved for Physically Handicapped (PH) category, with immediate effect:- 

A request/application for change of cadre by an IAS officer appointed against a vacancy reserved for PH category has to be made to the DoPT through the parent cadre/LBSNAA as the case may be so as to reach DoPT within three months from the date of notification of the cadre allocation in the official website of the DoPT. Along with application, documents in support of the ground(s) in which cadre change is sought, should also be enclosed. An 'advance copy' of the application must be sent to DoPT directly by the officer along with enclosures. 

(ii) In the said application, the officer appointed against vacancies reserved for PH Category while applying for change of cadre is required to indicate along with his/her request, a minimum of three states, in the immediate proximity / neighbourhood of their Home State, to which they would like to be transferred, in order of priority. The proximity or neighborhood as mentioned would mean States which are geographically contiguous to the home state of the officer. In the absence of three such contiguous states, the state(s) closest to the home state in terms of distance would be admissible. 

(iii) The Government may, on a case to case basis and taking into account [based on the report of a medical board] the extreme hardship faced by an IAS officer appointed against a vacancy reserved for PH category, permit his/her transfer to a cadre in the immediate neighbourhood / proximity of his/her Home State for the purpose of mitigating such hardship. No such transfer to the Home State of the officer shall be permitted. 

(iv) In case the transfer is agreed to 'in principle' by the Government (DoPT), the concurrence of the concerned State Governments shall be sought, as per the order of preference cited by the officer. In case none of the preferred states are willing, the Central Government may, after consulting another neighboring State Government willing to accept the officer, may affect such transfer. The decision of the Central Government on the selection of State / Cadre shall be final and binding on the officer. 

(v) These guidelines will be implemented with prospective effect. However, the officers already appointed to IAS against vacancies reserved for PH category and suffering extreme hardship in the cadre allocated, shall be given one-time option to exercise their choice for change of cadre under these guidelines within three months of the date of notification of these guidelines in the DoPT's web site. Such application should be made through the cadre where the officers are allocated presently. 

(4) The provisions of DOPT's O.M. No. 13017/16/2003-AIS-I dated the 8th November 2004 regarding change of cadre of All India Service officers will stand modified to the above extent. 

Sd/-

(Narendra Gautam)

Under Secretary to the Government of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/13017_16_2003-AIS-I-Pt.-14022014.pdf