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Transfer according to Maharashtra transfer act 2005


13-Apr-2023 (In Labour & Service Law)
I am working in maharashtra government office from 2011 on jr clerk post in x scheme but this scheme is closed by government and absorb me in y scheme on same post in same office in 2017. My query is my service period is counted from 2011 or 2017 for transfer purpose according to maharashtra transfer act 2005
Answers (2)

Answer #1
623 votes
Don't worry your service period is counted from 2011. Because government amalgamated you in new scheme with old post. New service counted from transfer or promotion or demotion but in your case there have been no transfer,promotion, demotion. So don't worry.
Answer #2
617 votes
Technically speaking, your term should be calculated from the dated of 2011. Whatever be the scheme, the post remains the same. So, according to The Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act of 2005 your post should change every 2/3 years. The transfer can be delayed for number of reasons as mentioned under section 5 of the Act.

Therefore your transfer will be carried out by the Head of Department as it is your transferring authority as mentioned under section 6 of the Act. You should write a letter to the head of department asking which period will be calculated, just to confirm for your knowledge.

By the bare persual of the Act, it seems 2011 will be considered as the beginning of your service period.

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