Understanding the Rule 37 transfer

Understanding the Rules

Rule 37 typically refers to a transfer initiated by the government/department (also called "in public interest" transfers), while Rule 38 generally refers to request transfers initiated by the employee.

Possible Solutions

Administrative Appeal

File a representation to the Head of Department citing that Rules 37 and 38 serve different purposes and there's no explicit provision preventing an application under Rule 38 after a Rule 37 transfer

Reference FR 15 which generally guarantees the right of a government servant to apply for a transfer

Seek Relaxation of Rules

Apply for relaxation of rules under the appropriate provisions (usually available with the Department of Personnel & Training or equivalent authority)

Cite exceptional circumstances, if any (medical grounds, family circumstances, etc.)

Use Alternative Transfer Provisions

Explore transfer under Rule 38-A if applicable (mutual transfer with another willing employee)

Consider deputation options if available in your service rules

Medical/Personal Hardship Route

If applicable, apply for transfer on documented medical grounds supported by a medical certificate

If there are genuine hardships (aged parents, spouse posting, children's education), these can be grounds for special consideration

Judicial Remedies

If administrative remedies fail, judicial options include:

Central Administrative Tribunal (CAT)

File an application in the appropriate bench of CAT

Refer to cases like Shyam Sunder Sharma vs Union of India where the court has held that transfer policies should not be interpreted in a manner that causes undue hardship

High Court Writ Petition

After exhausting the CAT route, approach the relevant High Court under Article 226

Relevant precedents include:

S.K. Jha vs Union of India & Ors where the court emphasized reasonable interpretation of transfer rules

Rajendra Singh vs State of U.P. where arbitrary application of transfer policies was struck down

Related Orders/Circulars

Consider referencing:

DOPT OM No. AB.14017/41/2009-Estt.(RR) regarding compassionate transfers

DOPT OM No. 28034/9/2009-Estt.(A) on posting of husband and wife at the same station