Rule 38 Transfer Proposal – AIPEU Postmen & MTS Suggests Fair Vacancy Freeze Solution

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ALL INDIA POSTAL EMPLOYEES UNION POSTMEN AND MTS

CENTRAL HEAD QUARTERS

17/3D, Type-III, P & T Quarters, Kali Bari Marg, New Delhi - 110001

Web: www.p4chq.blogspot.com

Email: aipeup4@gmail.com

No. P.IV/CHQ/Staff-Rule 38/2024-26

Dated 6th October 2025

To

The Secretary,

Department of Posts,

Dak Bhawan, Sansad Marg,

New Delhi - 110001.

Respected Madam,

On behalf of the Union, we respectfully submit this representation regarding the implementation of Rule 38 transfers and the acute shortage of staff in several divisions where the working strength is below 66.66%. Our aim is to propose a fair midway solution that balances staff rights with administrative needs.

Issues Identified

• Under the existing Rule 38 rules, candidates at the top of the waiting list (No. 1, 2, 3 etc) have been repeatedly denied transfer due to their parent division’s strength being below 66.66%.
• At the same time, juniors much lower on the waiting list (No. 30, 40, etc.) have received transfers because their divisions had strength above 66.66%.
• This has created inequity and demoralization, as seniority is defeated by staff strength criteria, contrary to the spirit of the transfer guidelines.
• The problem is all over India, particularly acute in divisions with less than 66.66% strength, where employees are indefinitely denied transfers on the sole ground of shortage.
• The situation has become worse after the Directorate’s circular dated October 2023 (No. W.04-1/2022-SPN-I dated 26/10/2023), which requires candidates in LDCE/DR to give cadre/division preferences. In practice, most candidates avoid metro divisions like Mumbai and Pune etc., further weakening their strength.
• This combination of the 66.66% bar and low preference for metro divisions has created a deadlock where Rule 38 applicants are indefinitely denied transfers.

Union’s Midway Solution

1. Vacancy Freezing Mechanism

• Before declaration of LDCE/Direct Recruitment results, freeze the vacancies of those senior candidates who are willing to transfer.
• These vacancies should not be disturbed until fresh recruits join the division.

2. Relieving Seniors Without Reducing Strength

• Once new recruits (LDCE/DR) join, the frozen posts are automatically adjusted.
• This allows senior Rule 38 applicants to be relieved to their preferred divisions without disturbing the 66.66% staff strength condition.

3. Parity with Mutual Transfers

• Rule 38 already allows mutual transfers without the 66.66% restriction, since one official’s exit is matched by another’s entry.
• The proposed vacancy-freeze system follows the same principle: the “incoming” official is a newly recruited candidate instead of an existing one.

4. Utilization of “Under-Pass Category” Candidates

• To stabilize metro divisions like Mumbai and Pune etc., declare results (Postman and MTS) for “under pass” candidates who were otherwise eligible but not selected due to preference mismatch under the October 2023 circular.
• Allocate such candidates compulsorily to low-strength metro divisions, thereby improving staff strength.

5. Benefits of This Proposal

• Ensures seniority and fairness in Rule 38 transfers.
• Prevents juniors from overtaking seniors due to technicalities.
• Strengthens low-strength divisions by directing surplus recruits and special drive appointees.
• Reduces litigation, grievances, and administrative delays.
• Aligns with the Department’s own circulars (31.12.2021, 15.07.2022) which mandate completing Rule 38 transfers before fresh recruitment is finalized.

In light of the above, this CHQ would like to request the following:

• Approve the vacancy-freeze system for pending Rule 38 applicants.
• Apply the mutual transfer principle (no 66.66% restriction) to long-waiting Rule 38 cases.
• Declare results (Postman and MTS) for “under pass” candidates who were otherwise eligible but not selected due to preference mismatch under the October 2023 circular.
• Issue clear instructions for a time-bound clearance of all pending Rule 38 cases.
• This proposal ensures that employee seniority is respected while administrative strength is preserved. By adopting the vacancy-freeze system and initiating special recruitment drives, the Department can achieve both fairness and efficiency in managing transfers under Rule 38.
• We assure our full cooperation in the implementation of this balanced solution.

Yours Sincerely,

(R.P. Sarang)

General Secretary