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Judgment
Manish Garg, Member (J)
By the consent of the parties, the matter is taken for final disposal of the OA itself. A short reply has been filed by the counsel for respondents to the interim relief wherein Parra 6 it has been contended as under:-
“6. ……..It is further submitted that since KVS h as taken decision in public interest of the organization and as the transfer of the Applicant is necessitated in the interest of the organization and as the transfer guidelines itself provides for the objective that it shall strive to maintain equitable distribution of its employees across all locations to ensure efficient functioning of the organization and optimize job satisfaction amongst employees. All employees are liable to b transferred anywhere in India at any point of time and transfer to a desired location cannot be claimed as a matter o right and that while effecting transfers the organizational interest shall be given uppermost consideration and that the problems and constraints of the employees shall be subservient. It is submitted that in the light of this objective, the policy to transfer certain employees have been effected for the following reasons:
(i) It has been documented that due to disruption in normal schooling for past two years owing to the pandemic situation, there has been significant learning loss amongst students. Many children have had difficulty with online/blended mode of teaching. The NAS 2021 data for classes IIII,V,VIII, X also corroborates the same. According too the Mental Health and Well-being of School Students, 2022 report published by NCEERT, in the Chapter relating to KVS, it has been stated that during COVID-19, ass classes were taking place in online mode 54% of the students who participated inn the survey reported facing difficulties in understanding and learning of content through online mode.
(ii) xxx xxx xxx
(iii) ….…..The guidelines further defines administrative transfers as, “Those transfers which the KVS orders suo motu in the exigencies of service and administration and in public interest.’’ It is stated that while effecting transfers all the factors giving benefit from displacement in Para 6 of the transfer guidelines 2021 are kept in abeyance. Further, the routine transfer process has been suspended for the current years 2022-23.
(iv) xxx xxx xxx
(v) Station Seniority (All India/cadre/subject wise), which indicates who has the longest stay in a station, as per date of joining at the station was taken as the criteria for transfer. Most of the teachers who have been transferred have had a stay in a particular station for more than 10 years. Out of the total teaching staffs of 36565 in position, only 1455 transfers have been effected which is only around 4% of the total teaching strength in position.”
It may also be noted that similar orders have been passed in other connected OAs while disposing the OA today also 4 cases OA Nos. 2858/2022, 2869/2022, 2870//2022 and 2871/20022 have been listed where the all OAAs stand disposed off by same order. In light of the same this Tribunal cannot take contradictory view to the order passed in the aforesaid OAs. In light of the above the present OA is disposed of.
However, bare perusal of the short reply the contention of the respondents itself contrary in as much as in para 3 itself, it has been stated that It is thus submitted personal inconveniences and hardship of an employee are considerations which lie solely within the purview of the administrator and it is always open to the aggrieved party to make representation to the administrator.
In the present case of the applicant seeks to challenge their respective impugned transfer orders. The applicant is presently working on the post of PGT/TTGT/PRT. It is brought to the notice that pursuant to the impugned transfer order thee applicant has made representation on different dates.
It is the case of the applicant that there is a challenge to office notice F.No. 11-E-II019/34/2022-Estt-II/2431 dated 122.09.2022 wherein all the provision given in Para 6 of the Transfer Guidelines 2021 are kept in abeyance.
It is also pointed out by the learned counsel for the applicants that in the mid- session without even considering that the applicant being a female, she has been transferred which put her, in great difficulty. They have already urged various grounds in the representation itself.
Learned counsel for the applicant further refers to Office Order No. F.19046/2022/KVS(DR)//Admin./10896-109966 dated 19.09.2022 vide which the respondents have permitted the teachers, who have been granted stay, to rejoin their parent schools from where they have been relieved.
On the other hand Mr. Rajappa, learned counsel appearing on advance service on behalf of the respondents vehemently opposes grant of prayer for interim relief inter alia contending that it is a policy matter. The decision has been taken due to administrative exigencies, as there is shortage of teachers in absence of fresh recruitment. He further relies on interim order passed in OA No. 834/2022 by the co-ordinate Allahabad Bench of this Tribunal, wherein it has been held that:-
“13. After hearing the arguments put forth by both the learned counsels and perusing the documents available on record, I am of the considered view that the transfer of the applicant has been made in both administrative exigencies and in public interest and that she has already been relieved from her present place of posting. There is nothing on record to demonstrate that impugned transfer order is malafide or illegal. Considering all the facts and circumstances, this Tribunal is of the view that no interference is warranted in the impugned transfer order at this stage. Since the applicant has already submitted a detailed representation dated 13.09.2022 to the competent authority,, it is expected from the respondents to consider and decide the same at the earliest by way of a reasoned and speaking order.”
T he submission of the learned counsel for the respondents is opposed by the learned counsel for the applicants on the ground that the notice dated 12.09.2022 itself is under challenge.
Be that as it may be, it is not disputed that representations of the applicants are pending consideration and have not been adjudicated by the Competent Authority till date. Also, the Competent Authority has taken thee decision regarding transfer without considering the earlier existing Annual Transfer Policy in light of office circular dated 12.09.2022.
In the OA No. 834/22022, Allahabad Bench of this Tribunal had no occasion to deal with the Office Order dated 19.09.2022, whereby the instructions have been issued by the Competent Authority, permitting the teacher(s), who have been granted stay, to rejoin their parent schools from where they have been relieved.
It appears that the said decision has been taken in a particular manner ignoring the principle of natural justice in as much as no opportunity has been afforded to the applicant on the pretext of policy decision.
In the present circumstance, the present OA is disposed of with a direction to the Competent Authority to consider the representation of the applicant in light of the existing policy which was prevalent on 12.09.2022. It is to be decided on its own merits in view of the earlier Annual Transfer Policy, within a period of 30 days from today after giving an opportunity of personal hearing by passing a reasoned and speaking order. Liberty is also granted to the applicant that in addition to the representation if already submitted, she can prefer a fresh and detailed representation, which shall be considered by the Competent Authority.
As a matter of fact, as already noted above, the respondent authority has passed the Office Order dated 19.09.2022.
In view of the above facts and circumstance, the respective impugned orders/ transfer orders shall be kept in abeyance for a period of two months. Further, the applicant is allowed to rejoin if any relieving order is passed.16. The OA stands disposed of inn aforesaid terms. There shall be no order as to cost.
P ending MA, if any, shall also stands disposed of accordingly.