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Judgment
Per: Mr. Braj Mohan Agrawal, Administrative Member
The applicant is a Post Graduate Teacher (English) at PM SHRI Kendriya Vidyalaya, Kavaratti, who is aggrieved by her inability to apply for transfer in the online transfer portal, on completion of tenure of 3 academic years at Kavaratti. The applicant submits, a three year tenure is fixed at hard station, knowing pretty well that the station is hard which results in substantial inconvenience and other hardships to the employees posted to the station. Having realized that the station tenure has to be restricted to three academic years, it is incumbent upon the respondents to consider the applicant, for a transfer deeming the applicant to have completed 3 year posting at Kavaratti as on 30.06.2026.
As per the applicant, she joined the respondent organisation as a Post Graduate Teacher (English) on 29.08.2006 at Chandrapur (Maharashtra) and was later transferred to Kendriya Vidyalaya, Port Trust, Ernakulam during the year 2010. While working at Kendriya Vidyalaya, Port Trust, Ernakulam, the applicant was transferred by displacement to Kavaratti (Annexure A-1). The applicant was relieved pursuant to Annexure A-1 order on 05.08.2023 (Annexure A-2), and she joined PM SHRI Kendriya Vidyalaya, Kavaratti on 17.08.2023 i.e. within the admissible joining time (i.e. 17 days; 15+2). The applicant's husband is a Kerala State Government employee in the Registration Department and is presently working at Thrissur, Kerala. At the time of applicant's transfer during 2023 and even now, the applicant's two daughters are studying in schools, younger daughter is in Class X and elder has completed Class XII.
The applicant submits that earlier, a transfer policy was issued in the year 2021 (Annexure A-3). Applicant points out Clause 10(1), which states as under:-
“10 (1) Active Stay at a station in the same post as on 30 June for all stations (periods of continuous absence of 30 days or more at normal stations and 45 days or more at Hard/NER stations shall not be counted) Clarification : An employee whose transfer order is issued on or after 20 June during the process of annual transfer shall be allowed to count the period from 01 July till the date of issue of the transfer order + admissible joining time, taken together for counting a tenure at Hard/NER station.” Thereafter, a new transfer policy (Annexure A-4) was notified on 30.06.2023 in which the above clarification has not been incorporated. If the above clarification has been incorporated, the applicant would have been deemed to have completed three academic year by 30.06.2026 and would have been eligible to apply for transfer when transfer portal is opened by Annexure A-5 notification. Dated 12.03.2026.
The applicant contends that subsequently, in compliance of interim order of this Tribunal dated 19.05.2026, the applicant submitted a physical representation on 23.05.2026 (Annexure A-8), but the respondents rejected her legitimate claim by issuing a memorandum dated 03.07.2026 (Annexure A-9), primarily on the ground that she has not completed three years tenure at a station in terms of KVS Transfer Policy Part-IA, point No.II Transfer on Administrative grounds, A) Tenure Transfer Point a) & c) Tenure .
The applicant contends that if the contention of the respondents in Annexure A-9 Memorandum dated 03.07.2026 are accepted, it will have serious consequences for those who were transferred in the year 2023, for the policy itself was published only on 30.06.2023, meaning thereby that all those who were transferred in the year 2023 will have to work four years in the hard station, which is not the object of the policy.
Aggrieved by above decision of the respondents, the applicant in the Original Application has sought the following reliefs:-
(i)Declare that the respondents are bound to deem the applicant to have completed 3 years tenure at Kavaratti as on 30 June, 2026 and that the applicant is eligible to apply for a transfer as per Annexure A4 transfer policy 2023 and direct the respondent accordingly
(ii)Direct the respondents to permit the applicant to submit request her transfer in the transfer portal, now remaining open upto 23.05.2026 and direct further to consider the applicant's transfer as per her priority and transfer counts
(iii)Call for the records leading to the issue of Annexure A9 and quash the same
The respondents in their reply statement submit that as an autonomous body, Kendriya Vidyalaya Sangathan (KVS) has framed its own policy on transfer in the interest of its employees. The existing Transfer Policy, notified on 30.06.2023(Annexure A-4), has been framed and duly approved by the Board of Governors (BOG). According to Part-1, Para 1 of the said Transfer Policy :
"Kendriya Vidyalaya Sangathan shall strive to ensure continuity of the teaching learning process in the larger interest of students. KVS will aim to maintain equitable distribution of its employees across all locations and to ensure efficient functioning of the organization and to optimize job satisfaction amongst employees. All employees are liable to be transferred anywhere in India at any point of time and transfer to a desired location or post cannot be claimed as a matter of right. While effecting transfers, organizational requirement shall be given uppermost consideration, and the preference and constraints of employee shall remain subservient.”
Respondents plead that as held by the Hon'ble Supreme Court, the individual personal inconveniences have got little importance over administrative exigencies and public interest particularly in the matter of transfer and postings. The personal problems expressed by the applicant should not come in the way of service conditions and public interest.
Pursuant to the interim direction issued by this Tribunal, Applicant was permitted to submit physical application for transfer which the respondents entertained and evaluated on its merits and in strict adherence to the administrative guidelines. Upon comprehensive consideration of her service records, active stay, and the parameters set out under the KVS Transfer Policy 2023, the competent authority found her request as legally unsustainable. Accordingly, the office of the 1st Respondent issued a Speaking Order dated 03-07-2026 (Annexure - A9) rejecting her request for transfer.
In terms of Clause 3(iii) of the KVS Transfer Policy 2023, the benchmark cutoff date for evaluating active stay, continuous station seniority, and tenure eligibility is uniformly fixed as 30th June of the respective transfer year. Consequently, as on the cutoff date of 30.06.2026, the Applicant has only rendered an active stay of 2 years, 10 months, and 13 days, thus failed to satisfy the mandatory 3-year (36 months) hard station tenure. The policy explicitly supersedes all previous guidelines, clarifications, and methods of counting stay that were operational under the old 2021 Transfer Policy.
The Applicant cannot legally seek a mid-term relaxation or modification of the cutoff date by placing reliance on a dead policy, as doing so would destabilize the uniform web-enabled allocation mechanism and breach the principle of equity vis-à-vis thousands of other similarly situated employees across the country. Granting an artificial relaxation to the Applicant by treating an incomplete tenure as complete would severely prejudice the educational interests of the students at a remote station like Kavaratti before an appropriate substitute can bt identified through due administrative process.
The respondents submit that the applicant was transferred to KV Kavaratti, after completion of more than 12 years of service at Cochin Station, where she was posted on her request under spouse ground. The applicant was transferred to Kavaratti to accommodate an Official, who had completed her hard area tenure of more than three years as on 30th June of relevant year (10.08.2018 to 16.08.2023) at Port Blair, Andaman Nicobar Island defined in KVS Transfer Policy 2023.
The respondents further contend that schools in Kavaratti, including KV Kavaratti offer education up to the 12th standard. The parents may choose to educate the child at Thrissur (where the father is posted), at Kavaratti (where the mother is posted), or board the child in a hostel at Ernakulam. As deliberated in various judgments, the larger interest of the student community or administrative requirements takes precedence over personal issues.
In order to maintain uniformity, a specific cut off date has been prescribed in the KVS Transfer Policy. For equitable distribution of opportunity, a uniform approach is to be exercised among all the officials and therefore a candidate who had not completed active stay at their respective station as on 30th June of the relevant year is not eligible for the transfer benefit. The various grounds urged in OA are all flimsy and baseless. The OA is therefore liable to be dismissed with costs.
We heard Mr. Vipin Varghese representing Mr. T.C. Govindaswamy, learned counsel for the applicant and Mrs. Sreekala T.K., learned counsel for the respondents at length. Perused the records.
From the rival pleadings, we find the primary contention of the applicant is that only due to administrative delay in her transfer order from Ernakulam to Kavaratti, following new Transfer Policy (Annexure-A4) dated 30.06.2023, she was transferred vide Annexure-A1 order dated 03.08.2023 and in compliance she could join Kavaratti on 17.08.2023. Had the transfer order been issued earlier, she would have joined prior to 30.06.2023 and would have completed 3 year tenure service at Kavaratti on the crucial date (i.e. 30th June of transfer year) in terms of new Transfer Policy (Annexure-A4). Therefore, she is entitled for relaxation in terms of clause 10, Serial No.1, clarification contained in transfer policy of the year 2021 (Annexure-A3).
We find that Annexure-A3 of the year 2021 was only transfer guidelines of the Kendriya Vidyalaya Sangathan 2021 and was not a policy. The Transfer Policy in force (Annexure-A4) was duly notified on 30.06.2023, expressly in supersession of the existing transfer guidelines and orders on this subject, which is applicable to all transferable employees of KVS and came into effect from the date of notification i.e. 30.06.2023. There is no challenge to this 'Transfer Policy 2023'.
Transfer order of the applicant along with 33 other Post Graduate Teachers were issued vide Annexure-A1 order dated 03.08.2023 in terms of KVS Tranfer Policy 2023 only. Therefore, the tenure of the applicant shall be governed by the Transfer Policy 2023 (Annexure-A4) and not by Transfer Guidelines 2021, which has been expressly superseded by the Transfer Policy of 2023.
The Transfer Policy 2023, specifically { Basic Principles Clause 3(iii)} provides the crucial date for determining the eligibility, stay etc. as 30th June for hard and any stations under Part 1A, 2 (Type of Transfer) II – Transfers on administrative grounds. The relevant clause of 'Tenure Transfer' is as under:-
“II (A) (a) Transfer against available vacancies-Employees who have completed tenure at Normal/Hard/NER/priority stations (as on 30 June of the transfer year for employees) and cases of DFP/MDG/LTR may be considered for transfer, subject to availability of vacancies in desired station.”
It is an undisputed fact that the applicant did not complete tenure of three years service as on 30.06.2026. Therefore, we do not find any illegality in Annexure-A9 memorandum. We also agree with the contention of the respondents that granting relaxation to the applicant by treating an incomplete tenure as complete would severely prejudice the educational interests of the students, at a remote station like Kavaratti, the larger interest of the student community as academic session is in midway(October month) or administrative requirements takes precedence over personal issues, which are in confirmity with policy guidelines. Learned counsel for the applicant also pleaded that one Smt. Deepa Viswan(PGT) English, presently working in KV, NAD, Aluva had kept a request for a transfer to Kavaratti and a mutual transfer can resolve all the issues related to her transfer request. Neither such application nor any joint application has been produced on record. No provision regarding mutual transfer has also been produced. Therefore, this plea cannot be acceded to.
Based on the above discussions and observations, we find no merit in the Original Application. The OA fails and accordingly, dismissed. No order as to costs.