Chapter VII HUMANITARIAN GROUNDS

Special consideration on humanitarian grounds :

1. (1) Notwithstanding anything contained in this Act, special consideration in matters of transfer may be

accorded by the Competent Authority on the following humanitarian grounds, namely:-

1. (a) Medical ground Serious medical condition of-
   • (i) the teacher/employee;
   • (ii) the spouse of the teacher/employee; Provided that-
   • (i) the medical condition is certified by a Government Medical Board or such competent medical authority as may be prescribed;
   • (ii) the dependency is established in such manner as may be prescribed; and
   • (iii) the required specialised treatment facility is demonstrably unavailable at the present place of posting or the continued posting is demonstrably prejudicial to effective treatment.
2. (b) Spouse ground Where both spouses are regular employees of the Education Department of the State. The spouse ground under this clause shall not be applicable where the spouse is employed outside the Education Department of the State, including under-
   • (i) the Central Government;
   • (ii) any other Department of the State Government;
   • (iii) Public Sector Undertakings;
   • (iv) Autonomous Bodies; or
   • (v) Aided Institutions.
3. (c) Exceptional humanitarian circumstances Such other extraordinary and compelling humanitarian circumstances as may be prescribed by rules framed under this Act.

1. (2) No vested or enforceable right Consideration of a request under this section-
   • (a) shall not be claimed as a matter of right;
   • (b) shall remain subject to availability of vacancy, administrative feasibility and public interest; and
   • (c) shall not automatically override mandatory service obligations, unless expressly exempted under this Act or the rules made thereunder.
2. (3) Safeguard against misuse Where it is found that any medical certificate, dependency claim, or supporting document submitted under this Chapter is false, misleading, or involves suppression of material facts, the teacher concerned shall be liable to disciplinary action under the applicable service rules, including cancellation of the transfer so granted and recovery of any undue financial or service benefit obtained therefrom.

Verification and finality :

1. (1) All claims made under this Chapter shall be supported by documentary evidence and shall be verified by the Competent Authority in such manner as may be prescribed.
2. (2) Claims of dependency shall, inter alia, be supported by-
   • (a) income certificate;
   • (b) dependency declaration;
   • (c) proof of residence; or
   • (d) such other documents as may be prescribed.
3. (3) The decision of the Competent Authority under this Chapter shall be final and binding.