CAT quashes Kendriya Vidyalaya Sangathan order on mass transfer of teachers
Chandigarh, October 29
Providing a major relief to a large numbers of teachers of Kendriya Vidyalaya Sangathan (KVS), New Delhi, the Chandigarh Bench of Central Administrative Tribunal (CAT) has quashed their transfers orders issued by the KVS Commissioner two months ago. Over 150 teachers of various KVS schools in the northern region had approached CAT challenging the KVS orders transferring them to various places in the country.
The KVS had ordered mass transfers of teachers at all-India level in an attempt to ‘redistribute and rationalise’ teacher postings amid the high vacancy backlog in KVS schools. Though the KVS justified its decision, the teachers termed the transfers as unrealistic and unjustified.
The counsel for the KVS submitted before the tribunal that the orders had been issued for the purpose of rationalisation and redistribution of existing teaching staff. He said the transfers were made with an aim to fulfill the requirements of the teachers where they needed most as per the guidelines.
KB Sharma, the counsel for more than 40 teachers, argued before the tribunal that transfer orders were against rules and guidelines issued by the government from time to time. Sharma argued that the transfer orders were also against the transfer policy of the KVS. He told the tribunal that 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 making a transfer.
He said the transfer orders also violated many directions and guidelines issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Government of India, regarding posting of husband-wife at the same station with the purpose to enable them lead a normal family life and ensure the education and welfare of their children.
One of the teachers, who had filed the case told the tribunal, stated that she was transferred from the Amritsar KVS to Pondicherry, which is 2,830 km from her present posting. She said her husband was also a teacher in the Punjab Government and working at the place near her place of work.
Another teacher, who is working near Panchkula, was transferred to a town in the southern state.
After hearing of the arguments, CAT quashed the transfer orders issued by the KVS Commissioner.
