om:96-cl-2023-June — Challenge in the OAs is against the order of transfer to far off places of primary class teachers of the Kendriya Vidyalayas

Challenge in the OAs is against the order of transfer to far off places of primary class teachers of the Kendriya Vidyalayas — The document discusses a challenge filed against the transfer orders issued by Kendriya Vidyalaya Sanghatan (KVS) to primary class teachers, which were allegedly made without following the establishe... — Facts: The Applicants are the primary class teachers of KVS and except Applicant of O.A. No. 348 of 2022 and O.A. No. 364 of 2022, all others are women who have been transferred from West to South at the places situated about 1000-2000 km away from their present stations.

The grievance of the Applicants has arisen from the fact that while there has been a suspension, of the existing annual transfer policy processes for the academic session 2022 - 2023 and only transfer on administrative grounds was to be effected, the sudden en masse transfer of as many as 717 primary teachers to far off places is violative of the terms of transfer, as also the Office Memorandum, dated 30th September, 2009 wherein posting of the husband and wife who are in Government service at the same station had been directed to be made if posts are available.

As per the submissions of the Applicant, the transfer guidelines have been issued by the Board of Governance of the KVS which cannot be ignored by the Commissioner of KVS. Before passing the impugned transfer order, the Applicants have not been given opportunity to file their option of their choice of places. The Respondents while issuing the transfer order have not followed these guidelines of the Government. Medium of instruction in vernacular language, which has been emphasized up to 8th standard will also not be followed because of the lack of knowledge of local language. Mass transfer is also not in the interest of the students.

Thus prayer is for quashing and setting aside the impugned order of transfer qua the Applicants. Stand of the Respondents is that, transfer orders issued have been based on administrative exigencies. Applicants hold transferable post and are liable to be transferred anywhere in India and they have no vested right to remain posted at one place. Transfer orders should ordinarily not be interfered with in the absence of mala fides or violation of any statutory provision. The KVS is best judge to decide how to distribute and utilize the services of its employees.

Out of total teaching staff of 36565 in position, only 1455 transfers have been effected. KVS has identified total 237 KVS having less than 50% of regular teaching staff on its rolls and about 481 KVS having 80% or more regular teaching staff on its rolls in all over India on the basis of available vacancy. The transfer orders have been issued on administrative ground for the purpose of rationalization and redistribution of existing teaching staff and in order to ensure that at least 50% of the regular teaching staff are available in all KVS across the country.

Counsel for the Applicant submits that the Commissioner of KVS has no right to keep in abeyance the Para. 6 of the Transfer Policy. Only Board of Governance who had made the policy can do so. Respondents have not shown any document which suggests that approval from the Broad of Governance has been obtained before keeping in abeyance Para. 6 of the Transfer Policy which deals with the factors, points and calculation of displacement count of an employee for displacement transfer.

Counsel for the Respondents submits that impugned transfer order has been made on administrative ground for the purpose of rationalization of the existing teaching staff. Transfers have been effected to post teachers where there is scarcity of teachers. The Tribunal took note of the fact that the annual transfer process of KVS has been suspended for the current academic session i.e., 2022 - 2023 only and the current academic session is near to end.It is also important to mention that provisions of Para. 6 of the transfer guidelines of 2021 have been not superseded and have been kept in abeyance. Board of Governance is the only competent body to revise the transfer guidelines whereas Respondent failed to show any approval having been obtained by the Commissioner before keeping in abeyance the transfer guidelines.

While passing the impugned transfer order, there is some violation of Transfer Policy, 2021 as also Government Order, dated 30-9-2009 issued by Department of Personnel and Training. The Applicants have been posted far away from the posting place of their spouses who are either in Central Government or State Government or in Public Sector undertakings. Non-compliance of the policy regarding posting of husband and wife at the same place has also not been explained by the Respondents in reasonable and appropriate manner. Situation of scarcity of teaching staff at some of the places cannot be dealt with in a way where guidelines of the Government are violated. The principles of natural justice are always expected to be followed by all the departments of Government whereas in the present matter, mass transfer to such a distant places in the mid of academic session have been effected without any prior notice as also without granting any joining period.

It is not appropriate to transfer the Applicants without seeking from them option of posting as per the procedure in place.