KAT cancels HSS teachers’ transfer list; instructs General Education department to prepare fresh list

2 weeks ago 107

Dealing a severe blow to the General Education department, Kerala Administrative Tribunal (KAT) set aside the general transfers of higher secondary school teachers in the State on Friday. The decision came after the tribunal found the transfer process to be at odds with the prescribed norms.

A tribunal bench comprising judicial member P.V. Asha and administrative member P.K. Kesavan also instructed the State government to modify the transfer orders in tune with revised transfer norms of 2019 before publishing a fresh draft transfer list for 2023-24 and calling for objections.

The government has been given a one-month deadline to complete the process, ensuring that teachers can join their respective schools before they reopen.

The final orders on a plea by a group of 23 teachers who faulted the General Education Department for failing to consider their outstation service, some of which exceeded 12 years, and denying their transfer requests to opted stations in other districts.

The department, which had issued transfer orders for 7958 teachers during the 2023-24 academic year, accused the applicants to have misinterpreted the existing transfer norms.

The tribunal, in a separate order, also issued a contempt notice to the Director of General Education S. Shanavas after finding him to have “deliberately disobeyed” its directions.

The Directorate was found to have violated KAT’s orders to comply with the transfer norms. The respondent had apparently considered outstation service only in the case of home station transfers. As a result, outstation service would not be considered for teachers who opted for transfers to districts other than their respective home stations under the open vacancy category. This was found to be unconstitutional by the tribunal that ordered strict compliance with the prescribed norms.

‘Gross disregard’

However, the respondent was found to have issued transfer orders in “gross disregard” of the directions.

The official has been directed to appear before the tribunal in person on May 24 to show cause as to why further proceedings in the contempt case should not be initiated against him.

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