NEW TRANSFER GUIDELINES W.E.F. 14-03-2006

 

(Amended till 15.11.2007)

 

1.                  BASIC PRINCIPLES 

1.1                          All employees of the KVS are liable to be transferred and posted anywhere in India, at any time, and for any period, as requirements of public service and of the Sangathan may dictate.  Transfers and postings are a right of the Sangathan which it would endeavour to exercise in the best interest of the students, with due regard to the principles of equity and transparency  vis-a-vis its employees. 

1.2                          These guidelines regarding transfers are meant essentially for the internal use of the Sangathan and do not vest any employee with any right. 

1.3                          Objectives of the Sangathan’s transfer policy are: - 

i.)                  To deploy available staff in an optimum manner so that, inter-alia, employees are evenly distributed across regions and schools, with special regard to the interest of students in Priority Areas [as defined in para 2(1)(xi)]  

ii.)                 To maximize the overall satisfaction level of its employees, subject always to the paramount need to protect academic interests of students and administrative efficiency of the organization.

2.         DEFINITIONS 

(1)        In these guidelines unless the context otherwise requires:

i)                    “Category whose Dislocation will be Avoided (CDA)” means persons falling in one or more of the following categories: -

·        ‘MDG’,  as defined in Clause (viii) below,

·        ‘DSP’,  as defined in Clause (iv) below, and who have been transferred on ground of  DSP in the last three years as on 31st March of year. (Amended on 15.11.2007)

·        ‘LTR’, as defined in Clause (vii) below,

·        Physically challenged employees, as defined in Clause (x) below,

·        Employee whose spouse is also a KVS employee and is posted at the same station, and

·     President/General Secretary of recognized service associations of KVS, who are also members of JCM.  

ii)                   “Commissioner” means Commissioner, Kendriya Vidyalaya Sangathan, including any officer thereof who has been authorized or delegated to exercise all or any of the powers and functions of the Commissioner.

iii)                 “Dependent son/daughter”: - Son will be deemed to be dependent till he starts earning or attains the age of 25 years, whichever is earlier or suffers from permanent disability of any kind irrespective of age limit.  Daughter will be deemed to be dependent till she starts earning or gets married, whichever is earlier, irrespective of age limit.

iv)                 “DSP” means  an employee whose spouse has died within two years, as on 31^st March of the year.

v)                  “Employee spouse” means a spouse who is a paid employee in an organisation, and does not  include a self-employed spouse.

vi)                 “Hard station” means a place notified as such by the Sangathan.

vii)               “LTR” means an employee who has less than three years to retire, as on 31^st March of the year.

viii)              “MDG” means an employee seeking transfer on the basis of one or more of the medical conditions listed in Annexure-1, affecting himself/herself, spouse or dependent son/daughter.

ix)                 “PS” means Posting with Spouse.

x)                  “Physically Challenged Employee” means an employee who has been sanctioned Conveyance Allowance due to visual and/or orthopedic disability, as per instructions of the Central Government.

xi)                 “Priority Areas” means  the North Eastern Region (including Sikkim), A&N Islands and Hard and Very Hard Stations elsewhere.

xii)               “ Priority Category for Grant of Request Transfer (PCGR)” means  a person falling in one or more of the following categories : -

·        MDG,

·        DSP,

·        LTR,

·        person who has completed his tenure in Priority Areas. 

xiii)              “Region” means a region as notified by the Commissioner, comprising Kendriya Vidyalayas in a specified area of the country and placed under the charge of an Assistant Commissioner.

xiv)              “Sangathan” means the Kendriya Vidyalaya Sangathan (KVS).

xv)               “Service” means the period for which a person has been holding charge of a post in the Sangathan on a regular basis.

xvi)              “Station” means any place or group of places as notified by the KVS for the purpose of   transfers, from time to time.

xvii)            “Stay” means service at a station excluding the period or periods of continuous absence from duty exceeding 30 days (45 days in case of Priority Areas) at a stretch other than on training or vacation.

xviii)          “Teacher” means all categories of teachers in the employment of Sangathan but does not include functionaries in the rank of Vice-Principals, Principals, Education Officers and above, for the purpose of transfer.

xix)             “Tenure” means a continuous stay for a specified period by different categories of employees in different parts of the country.  Reference  date for Priority Areas for determination of tenure is 30^th June of the year.  For all other places the reference date shall be 31st March of the year.

xx)               “Very hard station” means a place notified as such by the Sangathan.

xxi)             “Year” means a period of 12 months commencing from 1^st April.

xxii)    "No taker vacancy" means a vacancy which remains vacant after the operation of priority list - I and II of request transfers (Inter as well as Intra regional request transfers). (Amended on 15.11.2007)

(2)        Unless the context otherwise indicates:

a)   words importing the singular number shall include plural number and vice-versa.

     b)    words importing the masculine gender shall include the feminine gender. 

3.         AUTHORITIES COMPETENT TO EFFECT TRANSFERS:

(1)               Subject  to the general powers of the Commissioner to effect all manner of transfers of persons upto the level of Education Officers, transfers of the kind shown in Col. 1 below will be effected by the authorities shown against them in Col.2:-

(2)               The Regional Transfer Committee mentioned in sub para(1) above will consist of the following, viz.,

Provided that  if both the senior-most Principals in a Region are male, then only the senior of the two will be nominated as a member, and the senior-most lady Principal of the Region will be nominated as the second member:

PROVIDED  further  that if the senior-most Education Officer of the Region, or any of the  two  Principals who is otherwise eligible to serve as member of the Regional Transfer Committee, as per the above provision, has been punished in the last ten years, or disciplinary/criminal proceedings are currently either pending or contemplated against him, the next senior-most Education Officer/Principal, not suffering from such a disqualification, will be nominated to the Committee.

(3)               Recommendations of the Regional Transfer Committee shall as far as possible be unanimous.  However,  in case of irreconcilable difference of opinion amongst its members, the majority view will prevail.  In case of equality of votes, the Chairman will have a casting vote.  

(4)                It will be the responsibility of the Chairman to ensure that recommendations of the Committee are fully in accordance with these guidelines.   In case, in his opinion,  a majority recommendation  is inconsistent with these guidelines,  he will not implement it  but  will refer the matter to the Commissioner for orders. 

4.         TYPES OF TRANSFERS

Transfers shall be of two types, namely: -

i)                    “Administrative transfers” which Sangathan orders, suo-moto, and

ii)                   “Request transfers” which are ordered by the Sangathan on the basis of requests made by an employee. Admissibility for  transfer TA in the case of the two types of transfers shall be as given in Para 20, below.

5.         SCHOOL-WISE ALLOCATION OF POSTS FOR THE NEXT ACADEMIC SESSION.

Since the number of students, classes, sections and subjects to be taught in a Kendriya Vidyalaya vary from year to year, the Commissioner will issue, by 30^th November every year,*  an order allocating the posts of various categories to each Kendriya Vidyalaya for the next academic session.  This allocation order will form the basis of determination of school-wise surplus/deficit of personnel till the end of the next academic session.  

6.         DETERMINATION OF SCHOOL-WISE SURPLUS STAFF AND VACANCIES.

            Based on the post allocation order issued under Para 5, the Assistant Commissioner of the region will determine for each Kendriya Vidyalaya of the region, by 15^th December, the school-wise number of (i) persons in surplus, and (ii)  vacancies.

7.         ADMINISTRATIVE TRANSFERS TO ELIMINATE STAFF SURPLUS.

7.1        In the Kendriya Vidyalayas where teachers are in surplus, action will be taken to reduce such  surplus to zero, in the following manner:

(i)                  All teachers of relevant category working in Kendriya Vidyalayas having a surplus  in that category will be notified that teachers of that category in requisite numbers need to be transferred out to eliminate the surplus, and it will be  ascertained whether  any of them are willing to be transferred out to other KVs within  the region having vacancies in relevant category.   To the extent possible, surplus will be eliminated by transferring willing teachers,  who respond to the above notice, to vacant posts within the Region.     

 (ii)                Since some  surplus  may remain after  (i) above, person(s)  in requisite numbers will also  be identified  at the station where each school having  a surplus   is located for effecting administrative transfer to the extent   of such remaining surplus.  This will be done   on the basis of highest station seniority of teachers not belonging to the CDA category.

Preferences of such teachers from  among available vacancies in KVs of the Region will also be ascertained.   Preference of such persons (Amended on 15.11.2007) under  (i) above and those identified  under (ii) above  will be called at the time of calling for the details of surplus staff (Amended on 15.11.2007) by 10^th January, and transfers will be effected, in that order, with due regard to their choice  from amongst available vacancies, and  as per the guidelines  in paras 13 and 14, below, by 15^th January. 

7.2       In some cases there may be surplus staff in a particular category, in a region  as a whole.   To that extent, persons of that category will have to be transferred out of the region.   Such persons will be those who can not be accommodated within the region by following the  exercise spelt out in  para 7.1 above.  List of such persons, along with their preference for other  regions, will be sent by the Assistant Commissioner to the Commissioner by 20^th January, who will then transfer them to regions  having net vacancies in that category, in the manner provided in paras 13 and 14,  by 31^st January.

7.3       Vacancies arising on account of superannuation upto  31^st July  of the year at stations  from which teachers are transferred out   on  administrative grounds under  paras 7.1(ii) and 7.2 above,  shall be filled up by re-posting of  teachers who are  so transferred out, in pursuance of the above   paras.  While doing so, priority would be given to teachers  who are transferred out of the region,  and wherever   applicable, it will  be specified in their  initial  transfer order itself that they will stand  re-posted to their original  station on superannuation of the person concerned.  

8.         ADMINISTRATIVE TRANSFERS ON OTHER GROUNDS

                        Besides transfers to eliminate surplus, as indicated in Para 7 above, other administrative grounds on which staff may be transferred are as follows: -

i)                    Due to completion of maximum tenure prescribed for certain posts as specified below:

                          In case of Principal, Commissioner may extend the period of service beyond five years at a Vidyalaya in order to promote academic and overall quality of administrative excellence. The transfer cases of Principals who have not completed five years in the same school (Amended on 15.11.2007) will be examined and transfer effected to the extent necessary in pursuance to the objectives spelt out in para 1.3.

ii)         To fill up vacancies in Priority Areas.

iii)        To accommodate requests of teachers belonging to PCGR category for a place   where no vacancy is available.

iv)                 On grounds of misconduct or unsatisfactory performance, as evidenced by issue of a charge-sheet under Rule 14 of the CCS (CC&A) Rules, 1965 or imposition of a minor penalty under Rule 16 of the CCS (CC&A) Rules, 1965.

v)                  Closure of a Kendriya Vidyalaya.

vi)                 Other administrative exigencies.

9.         CRITERIA FOR EFFECTING ADMINISTRATIVE TRANSFERS INTO AND OUT OF PRIORITY AREAS:

(1)        (1)     One tenure  posting  of all male teachers/officers and non-teaching staff in the rank of Superintendent and above in Priority Areas will be mandatory before they complete 35 years of age.
   (1)(A).  The minimum tenure which every employee, once posted in priority areas will have to complete in such areas will be as follows: (Amended on 25.04.2006)

          Explanation: -  Where a person has worked in  stations of both the kinds mentioned above, tenure at a Station of category (2), will be treated as being equivalent to 1 ½ times the tenure at a station of  category (1) for purposes of determining  whether  he has completed the minimum prescribed  tenure.

(2)                    After completion of the tenure prescribed above, if a person requests to be transferred out, he will, as far as possible, be given a posting of his choice in the PCGR category.

(3)                    As per objectives of the transfer policy as mentioned in para 1.3 (i), the procedure for transferring teachers to fill up vacant posts in Kendriya Vidyalayas situated in Priority Areas shall be as follows: -

(i)         Vacancies in KVs in Priority Areas shall be published on the website of KVS and all Regional Offices, by 31^st January, and applications of willing persons will be invited upto 15^th February, for transfer to such vacancies.  Based on applications received, orders posting teachers/employees to vacant post in KVs, of their choice, shall be issued by the Commissioner, by 25^th February.

(ii)        In addition to (i)  above, 25% of anticipated vacancies in KVs  located in Priority Areas as on  1^st April of the following year will be filled up through  administrative transfers. To fill up vacancies to this extent, senior-most male teachers upto 35 years of age, as  on 31^st March of the year, based on   all-India Seniority list, who have not completed prescribed minimum tenure in Priority Areas shall be transferred to such areas subject to their not belonging to MDG, DSP and Physically Challenged categories.  In addition, during 2007, those teachers who have completed less than one year at the present place of posting as on 31.3.2007 shall not be transferred to Priority Areas except on request.

(iii)             Inter-regional Transfer of Teachers as per   (ii) above will be ordered by the Commissioner, specifying the region but generally without specifying the school, by 25^th February.  Posting to specific  schools will be done by the Assistant Commissioner on the recommendations of the Regional Transfer Committee, by 10^th March.

10.       DISPLAY OF VACANCIES IN NON-PRIORITY AREAS ON KVS WEBSITE

            School-wise vacancies in KVs outside Priority Areas, determined after issue of transfer orders as per paras 8 and 9 above, will be displayed by the KVS (HQ) and Regional Offices on their Website by 5th December.

11.       RECEIPT OF APPLICATIONS FOR REQUEST TRANSFERS.

11.1The Assistant Commissioner of the region shall receive applications for request transfers through the respective Principals of Kendriya Vidyalayas till 22nd December.  The applications received in the Regional Offices shall be sorted and intra-regional applications will be retained. Applications for inter-regional transfers shall forwarded to  KVS (HQ) so as to reach it  by  10th January.

11.2          Applications for transfers will be made in Form – 1 appended to these guidelines. In this proforma a person requesting for transfer may indicate choice of  upto 05 stations in one or more Regions.

12.      REQUEST TRANSFERS

12.1     Cases where requests for transfers shall not be considered: -

            In following cases, requests for transfer shall not be considered:

i)                    Request of a direct recruit for transfer from the place of first posting shall not be considered, before completion of  a period of three years in case of male, and one year in case of female employee except to KVs of priority areas (Amended on 24.11.2006).

ii)                   Request for transfer of a person posted on promotion will not be considered before completion of three years in the case of Assistant Commissioner/ Education Officer and one year in other cases except to KVs of priority areas (Amended on 24.11.2006).

iii)                 Principals, Education Officers and Assistant Commissioners will not be transferred back to the same station from where they were transferred earlier, unless a period of three years has elapsed. 

iv)                 Teachers, Education Officers or Assistant Commissioners, who were transferred on administrative ground mentioned in Para – 8(iv) shall not be considered for transfer before completing five years.  Further, they will not normally be transferred to the station from where they were transferred out on the said administrative ground.  However, persons posted to Priority Areas shall be  considered  for transfer on completion of their tenure as specified in Para 9.

v)                  A person who has been transferred on request, will not be transferred on request again in the same academic session.

vi)                 Cases of MDG, DSP and  LTR  categories, where request for transfer has already been granted on these grounds previously.

"However, the bar on request transfer will not apply to a person in category (i) -- (iv) mentioned above, if the person comes under the PCGR category". (Amended on 25.04.2006)

12.2          Extent to which requests from persons belonging to PCGR and non-PCGR categories ` will be accommodated.

          Extent to which requests from persons belonging to PCGR and non-PCGR categories will be accommodated will be  as follows:

12.3     Criteria for considering request transfers to fill up available vacancies.

Subject to the provisions of Para 12.1, requests made for transfers shall be disposed of in the sequence indicated below: -

i)                    Requests coming under PCGR will be granted as per the options specified in the applications.  Within the PCGR, the order of precedence will be as under: -

a.      MDG,

b.      DSP,

c.       LTR,

d.      Those who have completed their tenure in Priority Areas. 

ii)                  Vacancies for which no requests are received  from teachers coming under PCGR will be considered for posting of applicants belonging to non-PCGR category.  In the event of there being more than one request for the same vacancy, priority for transfer shall be given in  descending order of aggregate  entitlement points calculated as per  para 13 below.   

12.4     Posting with  an Employee Spouse

As far as practicable, request for transfer  to join an employee spouse,  either at the same station or at a nearby  station, shall be considered and for this reason specific entitlement points have been provided in Para 13.  In the event of a tie among the same category of spouses, lady employee would be given preference over male employee, and inter-se priority among different categories shall be as follows: 

NOTE: - For ‘Spouse Cases’ the aforesaid priority will be considered only where the teacher seeks transfer to a station (a) other than the one where he is currently posted,  and (b) where the  employed spouse is posted  either at the desired  station or a nearby station.  

13.       ENTITLEMENT POINTS FOR DETERMINING PRIORITY AMONG RIVAL CLAIMANTS 

For purposes of Para 12.3,  requests will be disposed of based on highest entitlement points assigned as per the following criterion:-

NOTE:- Although the persons covered under S.No. 1 and 2 come under PCGR category, entitlement points are assigned to facilitate decision making as their number may be  quite large and there would be competition among them  for some specific stations/K.Vs. 

14.       FIRST PRIORITY LIST: INTER-REGIONAL REQUEST TRANSFERS AGAINST AVAILABLE VACANCIES. 

14.1          The first priority list shall be prepared by listing of applications received for inter regional transfers  against available vacancies    taking into account the entitlement points as per Para 13 above   and shall be displayed on KVS website  by 20^th February.  This priority list shall be prepared in accordance with  para 12 and 13 above.  

14.2     Representations against transfers proposed in the first  priority  list shall be received up to 10^th March. 

14.3     After taking  into consideration the representations received  as per para 14.2, final  transfer orders will be issued by  5^th April.

15.       SECOND PRIORITY LIST: INTER-REGIONAL TRANSFERS OF PERSONS IN PCGR CATEGORY BY DISPLACEMENT OF OTHERS AND  CERTAIN CONSEQUENTIAL TRANSFERS          

15.1     Where transfer is sought by a teacher coming under PCGR and no vacancy is available at the  station of his choice, required vacancy will be created by displacing a teacher of the same category (post/subject) with longest stay at the said station, and not belonging to CDA.  However, nobody shall be displaced in this manner, as far as possible, before completing a tenure of three years. If no non-CDA category employee with more than 3 years’ tenure is  not  available at the station of first choice of a PCGR category employee, the exercise will be done for locating such a person at stations of his second, third and lower choices, in that order.  If no non-CDA employee with more than 3 years’ tenure is available at any of the stations of choice, the non-CDA employee with longest tenure out of all the preferred stations taken together, will be displaced. The displaced teacher will be accommodated  against available nearby vacancy as far as possible  within the region.  The resultant vacancies arising out of transfers orders as per first priority list, will be used to accommodate  non-PCGR category  requests,  who could not be accommodated in the first priority list, to the extent possible. 

            Further, a teacher who has completed tenure in priority area and wants to come to his/her choice place in the priority area, may be transferred on request by displacing the senior most teacher (in the manner as stated above) at the station in case of non availability of vacancy at his/her choice station. This will be applicable to both intra and inter region transfers. The request of the displacee for modification to the choice places will be considered against the vacancies arising up to 30th November of the year   
(Amended on 24.11.2006). However the stay of displacee, who comes back/called back to the station from where displaced before completion of three months of active service will remain uninterrupted. (Amended on 15.11.2007)

15.2     Second priority list prepared as per para 15.1 above, shall be displayed on  KVS  website by 5^th April, and representations  against it will be received up to 15^th April.  Final  Transfer orders, after taking representations into consideration, shall be issued by 20^th April.   

15.3     Any correction/modification  which become necessary in  transfers   as per   first and second priority lists  by KVS (HQ) shall be issued by 10^th May. 

16        TRANSFERS BY REGIONAL OFFICES 

Applications for intra region request tran