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KAT Overrules HSS Teachers’ Transfer List, Orders Fresh List from General Education Department

Kerala Administrative Tribunal (KAT) overruled the general transfers of higher secondary school teachers, imposing fresh lists from the General Education Department, citing violation of prescribed standards.

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KAT Overrules HSS Teachers' Transfer List Orders Fresh List from General Education Department
Source: The Hindu

KAT Overrules HSS Teachers’ Transfer List, Orders Fresh List from General Education Department: The Kerala Administrative Tribunal (KAT) voided the general transfers of higher secondary school teachers in the state on Friday, dealing a grievous blow to the General Education department. The tribunal rendered the decision subsequent to determining that the transfer procedure violated the prescribed standards.

In addition, a tribunal bench of administrative member P.K. Kesavan and judicial member P.V. Asha ordered the state government to amend the transfer orders to comply with 2019 transfer standards before issuing a new draft transfer list for 2023-24 and soliciting objections.

The administration has one month to complete the procedure to reinstate instructors to their schools before their reopening.

Twenty-three educators petitioned the General Education Department not to ignore their designated stations in other districts and deny their transfer petitions due to outstation service durations above twelve years.

After assigning transfer orders for 7958 instructors for the 2023-24 academic year, the department charged applicants with misinterpreting transfer requirements.

The tribunal issued a contempt notice to the Director of General Education, S. Shanavas, in a separate order, after concluding that he “intentionally disobeyed” its directives.

It was determined that the Directorate had disregarded KAT’s directives to adhere to the transfer standards. It appears that the respondent had exclusively contemplated outstation service in relation to transfers from their home station. Consequently, under the open vacancy category, outstation duty would not be considered for teachers who opted for transfers to districts other than their respective home stations. The tribunal rendered a verdict of unconstitutionality and mandated rigorous adherence to the prescribed standards.

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“Absolute disregard”

In “gross disregard” of the instructions, the respondent was determined to have issued transfer orders.

The officer must personally appear before the tribunal on May 24 to justify postponing contempt proceedings.

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