Transfers of government teachers must comply with established administrative guidelines to ensure fairness and avoid arbitrary decisions.

JUDGMENT

Anil K. Narendran, J.

Respondents 1 and 2 in O.A.(EKM)No.405 of 2025 on the file of the Kerala Administrative Tribunal, Additional Bench, Ernakulam, has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P16 order dated 30.04.2025 of the Tribunal in that original application. O.A.(EKM)No.405 of 2025 was filed by the 1^st respondent herein- applicant, who was working as Higher Secondary School Teacher (Political Science) in Government Higher Secondary School for Girls, Kochi, invoking the provisions under Section 19 of the Administrative Tribunals Act, 1985 , seeking a declaration that the applicant is entitled to be retained in Government Higher Secondary School for Girls, Kochi; to set aside Annexure A1 order No.HSE/2589/2025-Ad C3 dated 11.03.2025 issued by the 2^nd respondent Director of General Education to the extent it orders the transfer of the applicant from Government Higher Seconday School for Girls, Kochi to Government Vocational Higher Secondary School, Madappalli, Kozhikode and the transfer of the 4^th respondent in the O.A. (3^rd respondent herein), to his place; and an order directing the Director of General Education to retain the applicant in Government Higher Secondary for Girls, Kochi, with all consequential service and monetary benefits, as if Annexure A1 order was never issued at all.

2. The Tribunal, by a common order dated 30.04.2025, allowed O.A.(EKM)No.405 of 2025 and connected matters and also O.A.No.476 of 2025 and connected matters, with the directions contained in paragraph 18 of that order, a copy of which is marked as Ext.P16 in this O.P.(KAT). Paragraphs 12 to 18 of that order read thus;

“12. While analyzing the issues agitated, this Tribunal! takes note that the challenge in all the cases is against the orders of transfer issued by the DGE. Interference with orders of transfers issued by competent authorities, in exercise of power of judicial review, are sparingly done, only under exceptional circumstances. It is the prerogative of the Government, who is the employer, to post its employees at any desired stations, in accordance with the administrative exigencies and conveniences. An employee cannot claim or insist upon that he/she should be posted in any particular station. But in the case of employees under the State Government, policy of transfers had already been streamlined by fixing norms and guidelines. This is mainly intended to mitigate prejudices and inconveniences which will be caused to employees, due to transfers to far away stations from their place of residence. It is further intended to curtail administrative decisions based on bias, favouritism, nepotism or mala fides. The State Government in the Department of Personnel and Administrative Reforms had formulated detailed guidelines in this regard, as early as in the year 2017, as per GO(P) No.3/2017. Clause (1) of the said Government Order stipulates that, in ‘non-vacation departments’ the general transfers should be finalized before 30" of April every year, and in ‘vacation departments’ it should be finalized before 315: August every year. It is specifically mentioned that, with respect to schools, adjustment transfers can be issued during the months of July/August. The State Government, as early as in the year 2021, issued GO(Rt.)No.55/2021/P&ARD, dated 21.10.2021 insisting upon all the Departments in the State Government to create electronic database of its employees and to finalize general transfers through the online system, by strictly following the norms/guidelines stipulated under GO(P)No.3/2017, It was insisted upon that, all the Departments should ensure strict compliance of the norms/guidelines of genera! transfer, through the online system. In GO(P) No.3/2017 under clause (2)(i) it is insisted upon that, an employee who has not completed