CAT grants interim stay on transfer of over 100 KVS teachers of region

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Chandigarh, September 23

While issuing notices to the Commissioner, Kendriya Vidyalaya Sangathan, New Delhi, the Chandigarh Bench of Central Administrative Tribunal (CAT) has issued interim stay on the transfer of over 100 teachers of Kendriya Vidyalaya Sangathan (KVS ) of the region.

The teachers of various KVS schools falling in the northern region approached the CAT challenging the orders of KVS transferring them to various places in the country.KVS recently ordered mass transfers of teachers at all India level an attempt to ‘’redistribute and rationalise’’ teacher postings amid the high vacancy backlog in KVS schools.

Though KVS justified the decision of the transfer, the teachers termed the decision as unrealistic and unjustified. KB Sharma, counsel of more than 40 teachers, argued before the CAT that transfer orders were against rules and guidelines issued by the government from time to time. In one of the applications filed on behalf of a woman teacher working in Amritsar KVS, Sharma argued that the teacher has been transferred to Pondicherry which is 2,830-km away from present posting .Her husband is also a teacher in Punjab Government and working at the place near to her place of work . One teacher, who is working near Panchkula, is transferred to a town in the southern state. Sharma said that the transfer orders were against the transfer policy of the KVS . The transfer policy prescribed that many factors such as single parent, widowed status, years to retirement, spouse posting, age and disability were to be considered before a transfer is made Sharma said that the transfer orders also violated many direction and guidelines issued by the Ministry of Personnel, Public Grievances Pension, Department of Personnel and Training, Government of India, regarding posting of husband and wife at the same station with the purpose to enable them to lead a normal family life and to ensure the education and welfare of their children. On the other hand, the counsel for the respondents submitted that the order has been issued for the purpose of rationalisation and redistribution of existing teaching staff. The counsel said that all the provisions given in Para 6 of the Transfer Guidelines 2021 are kept in abeyance. After hearing of the arguments, the CAT in one of the orders said that “Tribunal has heard the matter and in view of the submissions made by counsel for the applicant, some protection needs to be granted. The respondent may file the short reply qua the interim directions for staying qua the applicant. In the meanwhile, ad interim the respondents are directed not to execute the transfer order and allow the applicant to work at the present place of posting till the next date.” The CAT adjourned the case for October 3. The Bench said that modification or continuance of interim directions shall be considered on that date.