The court emphasized compliance with established administrative policies, affirming the legitimacy of suspending transfer processes while upholding the employee’s right to request transfers under defined guidelines.

JUDGMENT

Sanjeev Sachdeva, J. (ORAL)

CM APPL. 47196/2022, CM APPL. 47198/2022 & CM APPL. 47199/2022 (for exemption)

Allowed, subject to all just exceptions.

W.P.(C) 15241/2022 & CM APPL. 47197/2022 (for stay)

1. The petitioner No.1 - Kendriya Vidyalaya Sangathan (`KVS') impugns judgment dated 21.09.2022, whereby the Original Application (`OA') filed by the respondents challenging the order of the petitioner dated 12.09.2022 has been allowed.

2. By the order dated 12.09.2022, the Tribunal has directed the Competent Authority to consider the representation of Respondent No.1 in light of the existing policy which was prevalent on 12.09.2022.

3. Issue notice. Notice is accepted by learned counsel appearing for respondent Nos. 1 and 2.

4. With the consent of parties, the petition is taken up for final disposal today.

5. Respondent No.1 is working as a Post Graduate Teacher with the petitioner No.1 and is presently working at Kendriya Vidyalaya, Sikh Lines, Meerut Cantt, Meerut.

6. Petitioners have Transfer Guidelines, which are called the Transfer Guidelines of Kendriya Vidyalaya Sangathan, 2021. The objective of the guidelines is to maintain equitable distribution of its employees across all locations to ensure efficient functioning of the organization and to optimise job satisfaction amongst employees.

7. The policy classifies the types of transfers as Administrative Transfers and Request Transfers. The Administrative Transfers are covered in paragraphs 5 to 8 of the policy and Request Transfers are covered in paragraphs 9 to 11 of the said policy.

8. It is an admitted position that petitioner No.1 carries out an Annual Transfer Process for each Academic Session, keeping in view the objective of the policy.

9. On 12.09.2022, a public notice was issued notifying that Annual Transfer Process of KVS had been suspended for the current Academic Session of 2022-23 and it was declared that only Administrative Transfers would be effected for the purpose of re-distribution and rationalization of teaching staff. It was further declared that provisions of paragraph 6 of the Transfer Guidelines, 2021 were kept in abeyance. Paragraph 6 of the Transfer Guidelines stipulate factors, points and calculation of displacement count of an employee for displacement transfer.

10. On 12.09.2022 itself, a transfer order was issued in respect of 193 employees on administrative ground for the purpose of rationalization and re-distribution of the existing teaching staff. The transfer order further stipulated that said exercise had been carried out in order to ensure that at least 50% of regular teaching staff was available in all Kendriya Vidyalayas across the country.

11. It is the above transfer order, which became subject matter of the OA filed by respondent No.1

12. Learned Additional Solicitor General appearing for the petitioners submits that petitioner organization has about 35,000 employees and on an annual basis, several thousand employees are transferred in terms of the policy. Learned ASG submits that in view of the COVID situation of the last two years, the Competent Authority decided to suspend the annual transfers for this year, however, reserved the right to carry out an Administrative Transfer, keeping in view the objectives of the policy.

13. It is noticed that the impugned order 21.09.2022 was passed by the Tribunal on the very first date of listing, without giving an opportunity to the petitioners to explain the decision taken by them to suspend paragraph 6 of the transfer policy.

14. Learned ASG for the peti