JCM Meeting of KVS – hallenged para 5(d) of KVS Transfer Guidelines
KVS transfer guidelines before the Hon’ble CAT, Ernakulam Bench vide OA No. 180/00214/2015
Agenda Point: Kendriya Vidyalaya Non-Teaching Staff Association (KEVlNTSA) has challenged para 5(d) of KVS transfer guidelines before the Hon’ble CAT, Ernakulam Bench vide OA No. 180/00214/2015.
Hon’ble CAT, Ernakulam Bench, has passed the following order dated 06-12-2016 OA No.180/00214/2015 filed by KEVINTSA:
“Condition of service and work is a matter which comes under the scope of JCM. Hence applicants are directed to submit within 30 days an agenda item on the matter of transfer of non-teaching staff for discussion in JCM meeting. The respondents are directed to hold the JCM meeting within 60 days of receiving the agenda note and discuss and arrive at a mutually agreeable decision on the matter. This would be the best way in which both parties can state their case and arrive at a decision.”
In compliance of Hon’ble CAT, Ernakulam Bench order dated 06-12-2016, General Secretary , KEVINTSA has submitted agenda on para 5(d) of KVS transfer guidelines on 23-12-2016, which reads as follows:
“Transfer of Non-teaching staff up to Assistant in KVs and other offices of KVS after completion of a tenure of 05 year in a KV and for 10 years continuously on a station in the same post. Not more than 1/3rd of such employees shall be transferred in a year and further that the longest serving employee against this norm shall be transferred first.”
Comments of KVS / ATR: KVS has examined the issue as directed by the Chairperson in the light of circulars issued by the CVC and DoPT.
KVS has withdrawn the Para 5(d) of KVS Transfer Guidelines which was challenged in the CAT Ernakulam Bench. Now, on the direction of the Central Vigilance Commission and orders issued by the DOPT “to frame the transfer policy in all cadres”, KVS has made the following provision in its transfer guidelines in Para 5(d):
“Rotational transfer of employees working in sensitive posts in pursuance with the instructions issued by the Central Vigilance Commission circular no. 03/09/13 vide letter no. 004/VGL/090 dated 11.09.2013.”
Decision taken in JCM meeting held on 22.08.2017: Discussed and dropped.