Transfer Guidelines for Kendriya Vidyalaya Teachers

GOVERNMENT OF INDIA

MINISTRY OF HUMAN RESOURCE DEVELOPMENT

LOK SABHA

ANSWERED ON 16.07.2014

TRANSFER POLICY IN KVS

819 . Shri RAMDAS CHANDRABHANJI TADAS

Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:-

(a) the existing transfer policy of teachers employed in Kendriya Vidyalaya Sangathan (KVS);

(b) whether not posting teachers to places of their choice has affected their work and if so, the details thereof;(c) whether any suggestion for simplification of transfer procedure has been received; and

(d) if so, the details thereof and the action taken thereon so far?

ANSWER

MINISTER OF HUMAN RESOURCE DEVELOPMENT (SMT. SMRITI ZUBIN IRANI)

(a) A copy of the existing transfer policy is annexed.

(b) No, Madam. The Kendriya Vidyalayas have continuously shown improvement in their academic performance.

(c) & (d) It is not administratively feasible to always post teachers in the place of their choice. However, the KVS transfer policy gives weightage to choice of posting alongwith other grounds such as tenure, spouse, Hard Stations and medical condition etc. Suggestions regarding the transfer policy of KVS are received from time to time and are considered appropriately by the KVS authorities. Based on the inputs received and keeping in view the interests of the organization as well as the employees, amendments in the transfer policy are made as and when required. The last such amendment was approved by the Board of Governors of KVS in its meeting held on 1st July, 2014. The latest amendments pertain to enabling transfers within the region depending on vacancies in schools and consider request transfer on the basis of schools having larger number of vacancies rather than their alphabetical order.

 

Annexure

KENDRIYA VIDYALAYA SANGATHAN

Kendriya Vidyalaya Sangathan shall strive to maintain equitable distribution of its employees across all locations to ensure efficient functioning of the organization and optimize job satisfaction amongst employees. All employees are liable to be transferred anywhere in India at any point in time and transfer to a desired location can’t be claimed as a matter of right. While effecting transfers the organizational interest shall be given uppermost consideration and that the problems and constraints of employee shall remain subservient.

The guidelines shall be applicable to, all categories of teachers, Librarian, Head Master, Assistant and all Group C employees. Transfer shall be effected in the light of provisions contained in clauses 5, 6, 7, 8, 9, 10 and 11 of the guidelines, wherein criteria on the basis of assigning appropriate points to relevant factors of transfer and using the cumulative score as the basis of transfer, has been prescribed.

Transfer may broadly be classified in two types, viz., administrative transfer, which the KVS orders suo motu in the exigencies of service and administration and in public interest, and request transfer which is effected based on the request of an employee.

Through such transfer KVS shall ordinarily:

a) redeploy surplus staff in excess of sanctioned strength at a location to other location against sanctioned vacancies.

b) post employees in hard/ very hard/ NER stations.

c) displacement of an employee from a location to accommodate the request of a needy employees.

Displacement Count of an employee shall be computed by assigning appropriate points to such appropriate factors considered material for displacement as per the following:

Administrative transfer under clause 5 (a) shall be effected in the decreasing order of displacement count of employees holding a post at station to eliminate surplus staff and such staff shall be accommodated against clear vacancies. Administrative transfer under 5(b) shall be effected in decreasing order of the displacement count of employees holding a post to fill up anticipated vacancies in hard/ very hard/ NER/ other desired stations to a desired extent. As regards 5(c), to transfer a needy employee, as defined in clause 11(a), to a desired station(s) mentioned in his/her request application form, an employee holding the same post with the highest displacement count, subject to not being below D1 as prescribed herein below at the relevant station(s) in the order of preference indicated by the needy employee, shall be liable to be displaced in the event there is no clear vacancy at the station (s). However an employee seeking request transfer within same station can apply for KVs choice but such transfer will be considered only against vacancy and this will not affect station seniority of the employee and will be liable to be transferred/displaced in public interest. While displacing an employee in such manner an effort would be made to post such an employee to a least inconvenient location against a clear vacancy. In case of a tie in the displacement count of employees the male employee shall be displaced. In case of a tie between the employees of the same gender the employee with earlier date of joining in present station in present post shall be displaced and in case date of joining also coincides for two or more employees then the youngest employee shall be displaced.

a) Provided, a cut off mark D1 on Displacement Count may be prescribed on year to year basis below which an employee shall not be displaced in a particular year except under clause 5 (a).

b) Provided, more factors can be added/ deleted and points allocated for different factors can be altered on year to year basis to remediate any imbalance resulting in transfers. Changes shall be notified well in advance before inviting transfer applications.

c) Provided, an employee with a higher displacement count can be retained if the employee’s services are absolutely crucial in the organizational interest. In such eventuality an employee with next lower displacement count shall be liable to be displaced.

d} Provided, exemption can be given to an employee or group of employees from displacement for such period owing to circumstances or such other administrative exigencies justifying such exemption.

e) Provided, an employee can be transferred from a location if the employee’s stay has become prejudicial to the interest of the organization.

f) Provided further, an employee can be transferred to a location in administrative exigencies without having any regard to the displacement count of the employee.

8. Employees below 40 years of age (as on 31st March of the year) who have not completed one tenure at hard/very hard/NE stations in continuous span in service and not presently posted to such stations and have completed one year stay at present station in the present post, in their decreasing order of Displacement Count; can be posted in Hard/Very Hard/NER stations in regular annual request transfer in the prescribed proforma itself. Employees may opt for a posting at hard/ very hard/ NER station. KVS shall post them to such location in a transparent manner as per prescribed calendar of activities. Such transfer though on request shall be treated administrative in nature in accordance with clause 5 (b) above.

Request transfer shall be effected as per the prescribed calendar of activities. Transfer on request shall be effected on the basis of “Transfer Count” of an employee computed by assigning appropriate points to factors considered relevant for transfer. An employee on initial posting on recruitment is normally barred from applying for request transfer for three years in terms of the appointment order. An employee will not be eligible for request transfer twice in one academic year.

Request transfer for a post will be considered at a station only except for request of intra-station transfer and shall be accommodated in decreasing order of “Transfer Count” computed on the basis of clause 10 of competing employees. In case of a tie in the transfer count of two or more employees competing for a location/station the female employee shall be preferred first. In case of tie in two or more employees of the same gender an employee with an earlier date of joining in present post in present station shall be accommodated and in case, if the date of joining in present post in present station also coincides then the older employee shall be first accommodated. Transfer counts of all request transfer applications shall be displayed on KVS website and the transfer count so displayed shall remain valid till 31st of July of the relevant year and request transfer may be considered for vacancies arising due to retirement or any other reason during the period of validity for which no fresh application shall be invited or considered. Applications shall automatically become infructuous after the expiry of 31st July.

a) Provided, a cut off mark C 1 on transfer count may be prescribed on year to year basis in such a way that an employee whose transfer count is equal to Cl or more may be transferred in one of the desired station(s) even by way of displacement of an employee as per clause 5(c) in the event there is no clear vacancy at the desired station(s). In such cases an employee having the highest displacement count subject to not being below D1 shall be liable to be displaced from within the choice station(s) in order of preference indicated by the needy employee. If no employee holding the same post and having a displacement count D1 or more is found in all the choice station(s) going in order of preference indicated by the needy employee the request of such a needy employee may not be acceded to.

b) Provided, a lower cut off mark C2 on Transfer Count may be prescribed on year to year basis below which the request shall not be accommodated in a particular year. Request for transfer of an employee whose transfer count is less than Cl but greater or equal to C2 shall be considered subject to existence of a vacancy in the desired locations/ stations.

c) Provided, more factors can be added/ deleted, points allocated for different factors can be altered to remediate any imbalance resulting in transfers, on year to year basis. Changes shall be notified well in advance before inviting applications.

d) Provided further, the request of an employee with a lower transfer count can be accommodated in preference to employee(s) with higher transfer count if the services of such an employee are essential for efficient functioning of the organization or in view of such other circumstances faced by the employee which justifies such out of turn consideration.

Article 15 (a) (3) of Education Code for Kendriya Vidyalayas empowers Commissioner, KVS to transfer, post and assign any duties to all officers and staff at the headquarters and Regional Offices as well as Vidyalayas. Therefore, Commissioner shall be competent to exercise all powers under these guidelines to; effect transfer and/or grant exemption under various clauses and provisos; and/or do any other exercise prescribed under various clauses and provisos. Commissioner may delegate power to such authorities with such further limitations for such period as deemed appropriate in view of prevailing circumstances either by a general or specific order to such authorities. Power so delegated is liable to be withdrawn by the Commissioner whose discretion in this regard shall be final.

Notwithstanding anything contained in the guidelines, the Commissioner with the approval from the Chairman, KVS, shall be the sole competent authority to transfer any employee to any place in relaxation of any or all of the above provisions.

Commissioner, KVS shall be the sole competent authority to interpret above provisions and pass such other order(s) as deemed appropriate and essential to facilitate the implementation of the guidelines for the purpose of effective control and administration of the KVS as a whole.

Employees shall not bring in any outside influence; if such an influence from whichever source espousing the cause of an employee is received it shall be presumed that the same has been brought in by the employee. The request of such an employee shall not be considered. Action may also be initiated against such an employee under relevant service rules.

1. CANCER

2. PARALYTIC STROKE

3. RENAL FAILURE

4. CORONARY ARTERY DISEASE AS EXPLAINED BELOW

5. THALASSAEMIA

6. PARKINSONS’ DISEASE

7. MOTOR-NEURON DISEASE

The brief description of illness which will be considered as medical grounds for the purpose of transfer, in terms of transfer guidelines is as under. Medical terms referred herein will bear meaning as given in the Butterworth’s Medical Dictionary.

(i) Cancer

It is the presence of uncontrolled growth and spread of malignant cells. The definition of cancer includes leukemia, lymphomas and Hodgkins’ disease.

Exclusions:

This excludes non-invasive carcinoma(s) in-Situ, localized non-invasive tumour(s) revealing early malignant changes and tumour (s) in presence• of HIV infection or AIDS; any skin cancer excepting malignant melanoma(s) are also to be excluded.

(ii) Paralytic Stroke

(Cerebro-vascular accidents) Death of a portion of the brain due to vascular causes such as (s) Hemorrhage (cerebral), (b) Thrombosis (cerebral), (c) Embolism (cerebral) causing total permanent disability of two or more limbs persisting for 3 months after the illness.

Exclusions :

i) Transient/Ischamic attacks.

ii) Stroke-like syndromes resulting from

a) Head Injury

b) Intracranial space occupying lesions like abscess, traumatic hemorrhage and tumour.

c) Tuberclosis meningitis, Pyogenic meningitis and meningococal meningitis.

(iii) Renal failure

It is the final renal failure stage due to chronic irreversible failure of both the kidneys. It must be well documented. The teacher must produce evidence of undergoing regular haemodialysis and other relevant laboratory investigations and doctor certification.

(iv) Coronary artery Disease

1. Cases involving surgery on the advice of a consultant cardiologist to correct narrowing or blockage of one or more coronary arteries or valve replacements/ reconstructions shall be considered MDG cases up to three years from the date of actual open heart surgery and the eligible employees shall be entitled for the points during this period

2. Cases involving non surgical techniques eg. Angioplasty through the arterial system. Such cases will be considered MDG Cases for a period of one year from the date of procedure and the eligible employees shall be entitled for points during this period.

(v) THALASSAEMIA

It is an inherited disorder and it is diagnosed on clinical and various laboratory parameters. Patient with Thalassaemia who is anemic and is dependent upon regular blood transfusion for maintaining the hemoglobin level. In addition he is on chelating agent and other supportive care.

Inclusions:

i) Thalassaemia major:. – History of blood transfusion/ replacement at less than three months interval. It must be well supported by all medical documents. The history should include the periodicity/duration of blood transfusion/ replacement required by the patient/Chelation therapy.

Exclusion:

(a) Patient may have Thalassaemia minor. His anemia may become severe because of concurrent infection or stress. Anemia may become severe because of nutritional deficiency or other associated factor.

(b) Blood transfusion is not required and these patients do not require Chelation therapy.

(vi) PARKINSONS’ DISEASE

Slowly progressive degenerative disease of nervous system causing tremor, rigidity, slowness and disturbance of balance.

Must be confirmed by a neurologist.

Inclusion:

Involuntary tremulous motion with lessened muscular power, in parts not in action and even when supported; with a propensity to bend the trunk forward and to pass from a waling to a running pace, the senses and intellects being uninjured.

Exclusion:

(i) Patients who are stable with the support of medicine.

(ii) Detection of Parkinsons’ disease within the duration of 5 years.

Requirement:

Date of detection of the disease, hospitalization extent of involvement, duration of treatment along with discharge summary should be furnished. Mention should be made about the progressiveness of the disease, and summary of inception of the patient must be confirmed by Neurologist.

(vii) MOTOR-NEURON DISEASE:

Slowly progressive degeneration of motor neuron cells of brain and spinal cord causing weakness, wasting and twitching in limbs and difficulty in speaking and swallowing.

Must be confirmed by neurologist.

Inclusions:

Irreversible/progressive motor neuron disease with presence of weakness wasting and fasciculation of limbs with/without brisk tendon jerks and extension painter response.

Exclusion:

Weakness of muscle due to other causes like infections, neuropathy traumation, idiopathic, motor-neuron disease involving less than 02 limbs and the muscle power is more than 3 grades. Requirement: It should be duly supported by MRI, EMG and nerve conduction test.

(viii) “Any other disease with more than 50% mental disability duly examined by and recommended by the respective Regional Medical Board with latest records/reports (within three months).