Transfer policies must be adhered to, prioritizing female employees in case of tie, and accurate calculations of tenure and displacement counts are essential for lawful transfer decisions.

ORDER

Hon’ble Dr. Chhabilendra Roul, Member (A)

The present OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking quashing of transfer order dated 25.06.2024 in respect of the applicant declaring to the effect that the same is illegal, arbitrary and discriminatory qua the applicant.

2. Factual matrix:

2.1 Factual matrix of the case is that the present applicant was initially appointed to the post of TGT (Math) on 22.04.1994 in Kendriya Vidyalaya Sangathan (KVS). Vide the impugned order dated 25.06.2024, the respondents have transferred the applicant from Kendriya Vidyalaya (KV), Noida Sector 24 to KV, Lalgarh Jattan, Rajasthan. During the pendency of the OA, the respondents vide order dated 3.07.2024 had relieved the applicant from her present place of posting. Against the transfer order, the applicant submitted representation dated 26.06.2024 followed by another representation dated 27.06.2024. In the representation, the applicant mentioned that if it was not possible to cancel the transfer, she may be accommodated to nearby stations and she gave 5 choices where the posts were available/vacant. However, till date, the respondents have not taken any action on her representation. Being aggrieved, the applicant has filed the present OA seeking the following reliefs:

“8.(i) That the Hon’ble Tribunal may graciously be pleased to pass an order of quashing the impugned transfer order dated 25.06.2024 (Annex.A/1) in respect of the applicant only declaring to the effect that the same is illegal, arbitrary and discriminatory and consequently, pass an order directing the respondents to retain the applicant at the same station as per existing transfer guidelines or nearby choices places.

(ii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.”

3. Notices were issued to the respondents and they have filed their counter reply, to which the applicant has also filed her rejoinder.

4. Submissions by the learned counsel for the applicant:

4.1 Learned counsel for the applicant submits that the respondents have issued the transfer policy dated 30.06.2023 where under the heading “Transfers on Administrative Grounds”, it has been mentioned that :

“Transfer on Administrative Grounds

a) Transfer against available vacancies:-

Employees who have completed tenure at Normal/Hard/NER/priority station (as on 30th 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.

b) Transfer on Displacement during the Annual Transfer Process:-

(i) An employee with at least 5 years stay at present station (irrespective of cadre) and having at least Ten (10) displacement count shall be liable for displacement transfer in decreasing order of displacement count.

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(iv) Employee who has not completed tenure or against whom disciplinary proceedings are in progress/ contemplated shall not be eligible to apply for transfer.”

Further, the said transfer policy has under clause (iv) given how to calculate the displacement counts. Under the rules of tie-breaking under clause 4, it has been stated that in case of tie between male and female, the male employee would be displaced.

4.2 Learned counsel for the applicant states that there are two employees in KV, Noida Sector 24, who had displacement counts 10 each. It was the present applicant and one Shri Pradeep Kumar. Though Shri Pradeep Kumar had displacement count 10, in violation of the transfer policy dated 30.06.2023, the respondents have transferred the present applicant to a far-off place and