Central Administrative Tribunal - Patna
Anju Juneja vs Kvs on 5 July, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
Date: 05.07.2024
CORAM
HON'BLE SHRI AJAY PRATAP SINGH, MEMBER [J]
1. O.A. No. 050/00348/2024
Kumari,, W/o Shri Mani Shankar Prasad Sinha, residing at Qr.
Indu Kumari
No.
No.-D2 F-84,
84, Barauni Refinery Township, Begusarai, 851114. At
present under Order of Transfer from the Post of Primary Teacher
Kendriya Vidyalaya IOC Barauni to Kendriya Vidyalaya Danapur
Cantt.
.......... Applicant.
-Versus
Versus-
1. The Union of India, through the Secretary, Ministry of Education,
New Delhi - 110001.
2. The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional
Area, Saheed Jeet Singh Marg, New Delhi
Delhi- 110016.
3. The Joint Commissioner (Admn.1)
(Admn.1), Kendriya Vidyalaya Sangathan
athan
(HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New DelhiDelhi--
110016.
4. The Asstt. Commissioner (Estt.2/3)
(Estt.2/3), Kendriya Vidyalaya Sangathan
(HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New DelhiDelhi--
110016.
5. The Deputy Commissioner, Kendriya Vidyalaya Sangthan, Regional
Office, Lohia Nagar, Kankarbagh, Patna - 800020.
6. The Principal, Kendriya Vidyalaya, IOC Barauni District - Begusarai
851114.
......... Respondents.
For Applicant : Shri Jayant Kr. Karn,
Karn Advocate.
For Respondents : Shri H.P. Singh, Senior C.G.S.C.
2. O.A. No. 050/00349/2024
Ram Sundar SinghSingh,, S/o Late Parmeshwar Singh, resident of Adarsh
Gram, Road No. No.-3,
3, Bairia Bus Stand, Muzaffarpur - 843108 At
present under Order of Transfer from the Post of Primary Teacher
Kendriya Vidyalaya, Muzaffarpur to Kendriya Vidyalaya, Danapur
Cantt, Shift
Shift-1.
.......... Applicant.
-Versus
Versus-
1. The Union of India, through the Secretary, Ministry of Education,
New Delhi - 110001.
2. The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional
Area, Saheed Jeet Singh Marg, New Delhi-
Delhi 110016.
3. (Admn.1),, Kendriya Vidyalaya Sangathan
The Joint Commissioner (Admn.1)
(HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi Delhi--
110016.
4. The Asstt. Commissioner (Estt. (Estt.II/III), Kendriya Vidyalaya
Sangathan (HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New
Delhi
Delhi- 110016.
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5. The Deputy Commissioner, Kendriya Vidyalaya Sangthan, Regional
Office, Lohia Nagar, Kankarbagh, Patna - 800020.
6. The Principal, Kendriya Vidyalaya Muzaffarpur, P.O.-Ramna,
Ramna,
Gannipur, Muzaffarpur 842002.
......... Respondents.
For Applicant : Shri Jayant Kr. Karn,
Karn Advocate.
For Respondents : Shri G.K. Agarwal,, Addl. C.G.S.C.
3. O.A. No. 050/00352/2024
Phool Kumar Jha, S/o Late Nand Kumar Jha, resident of Village &
P.O. - Maunbehat, Via - Putai, P.S.- P.S. Manigachhi, District -
Darbhanga. At present under Order of Transfer from the Post of
Primary Teacher
Teacher, Kendriya Vidyalaya,
Vidyalaya, Air Force Station (AFS),
Darbhanga to to Kendriya Vidyalaya,
Vidyalaya Samastipur.
.......... Applicant.
-Versus
Versus-
1. The Union of India, through the Secretary, Ministry of Education,
New Delhi - 110001.
2. The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional
Area, Saheed Jeet Singh Marg, New Delhi
Delhi- 110016.
3. The Joint Commissioner (Admn.1)
(Admn.1), Kendriya Vidyalaya
aya Sangathan
(HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi
Delhi--
110016.
4. The Asstt. Commissioner (Estt. (Estt.II/III), Kendriya Vidyalaya
Sangathan (HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New
Delhi
Delhi- 110016.
5. The Deputy Commissioner, Kendriya Vidyalaya Sangthan, Regional
Office, Lohia Nagar, Kankarbagh, Patna - 800020.
6. The Principal, Kendriya Vidyalaya, Air Force Station (AFS),
Darbhanga 846005.
......... Respondents.
For Applicant : Shri Jayant Kr. Karn,
Karn Advocate.
For Respondents : Shri H.P. Singh, Senior C.G.S.C. and
Shri M.D. Dwivedi, Addl. C.G.S.C.
4. O.A. No. 050/00354/2024
Niru, W/o Dr. Ganesh Kumar, resident of Mohalla-
Kumari Niru Mohalla Shiv
Puri, Chitkohra, Duplex Colony, House No. No.-28,
28, Anishabad, Patna .
800002. At present under Orderr of Transfer as Primary Teacher
Kendriya Vidyalaya Motihari to Kendriya Vidyalaya Harnaut.
.......... Applicant.
-Versus
Versus-
1. The Union of India, through the Secretary, Ministry of Education,
New Delhi - 110001.
2. The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional
Area, Saheed Jeet Singh Marg, New Delhi
Delhi- 110016.
3. (Admn.1),, Kendriya Vidyalaya Sangathan
The Joint Commissioner (Admn.1)
(HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New DelhiDelhi--
110016.
4. The Asstt. Commissioner (Estt. (Estt.II/III), Kendriya Vidyalaya
Sangathan
angathan (HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New
Delhi
Delhi- 110016.
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5. The Deputy Commissioner, Kendriya Vidyalaya Sangthan, Regional
Office, Lohia Nagar, Kankarbagh, Patna - 800020.
6. The Principal, Kendriya Vidyalaya, Motihari, District - East
Champaran . 845401.
......... Respondents.
For Applicant : Shri Jayant Kr. Karn,
Karn Advocate.
For Respondents : Shri G.S. Prasad, Addl. C.G.S.C.
5. O.A. No. 050/00356/2024
Kumari, W/o Shri Prashant Kumar, resident of Jamal Road,
Kumud Kumari
Sarmera Kothi (Near Post Office Gali), P.O. - Jamal Road, P.S. -
Gandhi Maidan, District - Patna . 800004. At present under Order of
Transfer from the Post of Primary Teacher Kendriya Vidyalaya No.- I
Kankarbagh to Kendriya Vidyalaya IIT Patna situated at Bihta.
.......... Applicant.
-Versus
Versus-
1. The Union of India, through the Secretary, Ministry of Education,
New Delhi - 110001.
2. The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional
Area, Saheed Jeet Singh Marg, New Delhi
Delhi- 110016.
3. The Joint Commissioner (Admn.1)
(Admn.1), Kendriya Vidyalaya Sangathan
(HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New DelhiDelhi--
110016.
4. The Asstt. Commissioner (Estt.2/3)
(Estt.2/3), Kendriya Vidyalaya Sangathan
(HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New DelhiDelhi--
110016.
5. The Deputy Commissioner, Kendriya ndriya Vidyalaya Sangthan, Regional
Office, Lohia Nagar, Kankarbagh, Patna - 800020.
6. The Principal, Kendriya Vidyalaya No.1 Kankarbagh Patna 800020.
......... Respondents.
For Applicant : Shri Jayant Kr. Karn,
Karn Advocate.
For Respondents : Shri Rabindra Rai,, Addl. C.G.S.C.
6. O.A. No. 050/00357/2024
Kumari,, W/o Shri Ajay Kumar Singh, Mohalla -
Poonam Kumari
Abhimannu Nagar, Lane No. No.-3
3 Nahar Par, Ram Bilas Mahto Road,
P.S.
P.S.-Rupaspur,
Rupaspur, Bailey Road, Patna 801503. At present under Order of
Transfer from the Post of Trained Graduate Teacher [Hindi] Kendriya
Vidyalaya No.2, Bailey Road, Patna to Kendriya Vidyalaya No.1
Gaya.
.......... Applicant.
-Versus
Versus-
1. The Union of India, through the Secretary, Ministry of Education,
New Delhi - 110001.
2. The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional
Area, Saheed Jeet Singh Marg, New Delhi
Delhi- 110016.
3. The Asstt. Commissioner (Estt. (Estt.II/III), Kendriya Vidyalaya
Sangathan (HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New
Delhi
Delhi- 110016.
4. The Deputy Commissioner, Kendriya Vidyalaya
Vidyalaya Sangthan, Regional
Office, Lohia Nagar, Kankarbagh, Patna - 800020.
5. The Principal, Kendriya Vidyalaya No.2, Bailey Road Patna .
800014
800014.
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......... Respondents.
For Applicant : Shri Jayant Kr. Karn,
Karn Advocate.
For Respondents : Shri H.P. Singh, Senior C.G.S.C.
7. O.A. No. 050/00358/2024
Sharma, W/o Dr. Anil Kumar Sangahi,
Pushpanjali Sharma S , residing at
Shyam Kutir Apartment, Siddharth Nagar, Jagdeo Path, Patna 800014.
At present under Order of Transfer from the Post of Primary Teacher
Kendriya Vidyalaya Danapur Cantt. to Kendriya Vidyalaya, Buxar.
Buxar
.......... Applicant.
-Versus
Versus-
1. The Union of India, through the Secretary, Ministry of Education,
New Delhi - 110001.
2. The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional
Area, Saheed Jeet Singh Marg, New Delhi
Delhi- 110016.
3. The Asstt. Commissioner (Estt.2/3)
(Estt.2/3), Kendriya Vidyalaya Sangathan
(HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi Delhi--
110016.
4. The Deputy Commissioner, Kendriya Vidyalaya Sangthan, Regional
Office, Lohia Nagar, Kankarbagh, Patna - 800020.
5. The Principal, Kendriya Vidyalaya, Danapur Kantt Patna . 801503
......... Respondents.
For Applicant : Shri Jayant Kr. Karn,
Karn Advocate.
For Respondents : Shri Bindhyachal Rai, Addl. C.G.S.C.
8. O.A. No. 050/00359/2024
Juneja,, W/o Dr. Surendra Kumar, residing at 802-A,
Anju Juneja A, Durga
Marine Drive, Rajapur Pul, Dujra Devi Asthan, in front of ICICI
Bank, P.S. - Dudha Colony, Patna 800001. At present under Order of
Transfer from the Post of Trained Graduate Teacher (Hindi), Kendriya
Vidyalaya Bailey Road (1st Shift),
t), Patna to Kendriya Vidyalaya No.-1
No. 1
Gaya.
.......... Applicant.
-Versus
Versus-
1. The Union of India, through the Secretary, Ministry of Education,
New Delhi - 110001.
2. The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional
Area, Saheed Jeet Singh Marg, New Delhi- 110016.
3. The Asstt. Commissioner (Estt. (Estt.II/III), Kendriya Vidyalaya
Sangathan (HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New
Delhi
Delhi- 110016.
4. The Deputy Commissioner, Kendriya Vidyalaya Sangthan, Regional
Office, Lohia Nagar, Kankarbagh, Patna - 800020.
5. The Principal, Kendriya Vidyalaya No.-2,Bailey
2,Bailey Road Patna 800014.
......... Respondents.
For Applicant : Shri Jayant Kr. Karn,
Karn Advocate.
For Respondents : Shri Radhika Raman, Addl. C.G.S.C.
9. O.A. No. 050/00390/2024
Punam,, W/o Shri Ashok Kumar Sinha, residing at A/7 Professor's
Punam
Colony, Adarsh Path, Road No.4, Near Lal Babu Market, North
Shastri Nagar, Patna - 800023. At present under Order of Transfer
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from the Post of Primary Teacher Kendriya Vidyalaya No.2 (1st Shift)
Bai
Bailey
ley Road, Patna to Kendriya Vidyalaya of Nalanda.
.......... Applicant.
-Versus
Versus-
1. The Union of India, through the Secretary, Ministry of Education,
New Delhi - 110001.
2. The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional
Area, Saheed Jeet Singh Marg, New Delhi-
Delhi 110016.
3. (Estt.2/3), Kendriya Vidyalaya Sangathan
The Asstt. Commissioner (Estt.2/3)
(HQ), 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi
Delhi--
110016.
4. The Deputy Commissioner, Kendriya Vidyalaya Sangthan, Regional
Office, Lohia Nagar, Kankarbagh, Patna - 800020.
5. The Principal, Kendriya Vidyalaya No.2, Sheikhpura More, Bailey
Road, Patna . 800014.
......... Respondents.
For Applicant : Shri Jayant Kr. Karn,
Karn Advocate.
For Respondents : Shri H.P. Singh, Senior C.G.S.C.
O R D E R (O R A L)
AS PER : AJAY PRATAP SINGH, MEMBER M [JUDICIAL]
1. The facts involved in all these cases are almost similar grounds, contentions and pleadings being one and same. Respondents were directed to file short reply on prayer for grant of interim relief. Short reply has been filed by respondents in O.A.No.348 of 2024, Indu Kumari versus Union of India incorporating details of connected cases and on 04.07.2024 sought permission to adopt the same for all other batch cases. These cases are listed for hearing on grant of interim rrelief.
elief. On consent of counsel appearing for both the cases are considered for final disposal at this stage.
2. The applicants in these batch of cases are working as Primary Teachers ((for PRT except OA No.359 of for brevity hereinafter referred as PRT) 2024 Anju Juneja vs Union of India & Ors working as Trained Graduate Teacher ((in short TGT-Hindi) under the respondents/Kendriya Vidyalaya Sangathan and vide transfer order dated 16.09.2022 were transferred. Respondents transferred 717 PRTs on 16.09.2022 and names of applicants of present batch cases were also finds place in transfer order dated 16.09.2022.
2022. applicant in OA No.359 of 2021, Anju Juneja, Juneja, TGT (Hindi) was one of concerned 1455 teachers earlier transferred and applicant was also transferred vide order dated 12.09.2022 and filed OA No.731 of 2022 decided vide common order dated 31.05.2024. Applicants licants approach this // 6 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 Tribunal and interim protection was granted and based on interim order in respective cases of applicants continued. Hon'ble Supreme Court passed order dated 19.03.2024 in Kendriya Vidyalaya Sangathan & Ors versus No.24825/2024 and present cases being covered by Neena Khatri, SLP No. Hon'ble Apex Court order dated 19.03.2024, cases filed we weree decided and disposed vide common order dated 31.05.2024 passed in O.A. No.706/2022 Pushpanjali Sharma versus Union of India & Ors and connected cases. This Tribunal vide common order dated 31.05.2024 in batch of cases OA No.706 of 2022 directed KVS to follow and comply directions of Hon'ble Supreme Court in case of KVS vs Neena Khatri (Supra) and directed applicants to submit three choices of stations aand nd till final decision is taken by KVS, applicants were allowed to continue at present place of posting.
3. Respondents, thereafter in compliance of Hon'ble Supreme Court order dated 19.03.2024, invited options from affected teachers three option choices issu issued ed impugned order dated 01.06.2024, (Annexure - A/1) whereby applicants transferred from present place of posting to one of their choice stations. Thereafter respondents vide consequential impugned orders Annexure - A/2 have relieved from duties with instruction instruction to report at transferred place with immediate effect.
4. With the consent of learned counsel appearing for the parties, the facts are being extracted from lead case OA No. 348 of 2024 Indu others. The present OA has been filed Kumari versus Union of India and others challenging transfer order dated 01.06.2024, whereby respondents have transferred applicant from present place of posting Kendriya Vidyalaya IOC, Barauni District Begusarai (Bihar) to Kendriya Vidyalaya, Danapur Cantt. First Shift, Patna (Bihar) (Bihar).. So also assailing relieving order dated 06.06.2024 (Annexure - A/2), ), whereby, Principal, K.V. in compliance to KVS HQ memorandum dated 01.06.2024 relieved applicant from her duties to report the Principal, KV Danapur Cantt. (FS) with immediate effect. So also applicant seeking direction to respondents to continue at Kendriya Vidyalaya, IOC, Barauni till date of superannuation upto 30.09.2025.
PRAYER
5. By way of present O.A. filed under Section 19 of Administrative Tribunals, Act, 1985, applicant sought main relief(s) (as extracted from the OA) as under:
under:-
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(i) "Memorandum dated 01.06.2024, issued under the signature of Asstt. Commissioner (ESTT.II/III), Kendriya Vidyalaya Sangathan (HQ), New Delhi, as contained in Annexure - A/1 may be quashed and set aside, so farfa the same concerns the applicant only, figuring at Page No.-1, No. Serial No.-10 of the said order, whereby the applicant has been ordered her transfer from Kendriya Vidyalaya I.O.C. Barauni to Kendriya Vidyalaya Danapur Cantt, Shift - I.
(ii) Order dated 06-06-2024, 24, issued by Principal, Kendriya Vidyalaya I.O.C. Barauni, as contained in Annexure - A/2 may be quashed and set aside, whereby the applicant has been ordered her relieving in absentia in the ongoing Summer Vacations in Kendriya Vidyalaya.
(iii) The respondent authorities may be directed to permit the applicant to continue at Kendriya Vidyalaya I.O.C. Barauni upon her date of retirement i.e. upto 30th September, 2025.
(iv) Any other relief/reliefs as the applicant is entitled and Your Lordships may deem fit and proper prope in the ends of justice."
FACT IN BRIEF
6. Shorn of unnecessary details, briefly stated facts as adumbrated by applicant in the OA that earlier respondents transferred applicant vide order dated 16.09.2022 contrary to KVS transfer guidelines, 2021 for Primary Teachers. Applicant approached in OA No No.720 .720 of 2022 and in view of interim order granted by this Tribunal on 23.09.2022, applicant continued and said OA was heard on 31.05.2024 and decided in light of Hon'ble Supreme Court directions in case of KVS vs. Neena Khatri (Supra). Since 01st June 2024 was voting day for Lok Sabha Elections said order was not uploaded without waiting for the order dated 31.05.2024 passed in earlier batch of cases, in violation of order dated 31.05.2024 another impugned order has been passed on 01.06.2024, transferred 46 466 6 PRTs, purported to be as per 3 choice interim of Hon'ble Supreme Court order dated 19.03.2024 whereas order dated 19.03.2024 not been complied with, process stipulated in para 6 & 7 not been adhered to, KVS ought to have first dropped transfer order date date4d 16.09.2022.
7. It is also the case of applicant that husband of applicant was earlier working as Post Graduate Teacher but due to illness taken VRS and treatment is possible while remain posted at home district. So also applicant going to be superannuated in month of September, 2025.
8. Per contra,, respondents have contested by filing short reply and stated that applicant was transferred in September, 2022 on administrative ground but she did not join due to interim protection granted by this Tribunal. KVS has filed SLP in KVS vs Neena Khatri (Supra) related to similarly situated teachers transferred on administrative exigency exigency..
// 8 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 Hon'ble Supreme Court vide order dated 19.03.2024 (Annexure - R/1) directed KVS to consider and accommodate 1455 teachers, including applicant plicant by considering their three choice stations and giving priority bases on seniority in age. Applicant has been transferred vide impugned order against choice station given by her i.e. (i) Patna, (2) Samastipur, (3) Jamalpur. Applicant has been transf transferred erred at first choice given by her at KV, Danapur Cantt (FS), Patna in compliance of Hon'ble Supreme Court order dated 19.03.2024.
9. Respondents/KVS have also made averments in the reply that all the applicants in these batch of cases have been accommodated at one of the three choice in terms of Hon'ble Supreme Court order dated 19.03.2024 vide impugned transfer order dated 01.06.2024. So also in para 6 of the reply reproduced chart and summarized three station choices submitted by respective applicants. So aalso lso stated that all the applicants considered on given choice station, furnished by own volition.
10. Respondents also stated that impugned order dated 01.06.2024 so far relates to all the applicants in these connected cases has been issued in compliance with order dated 19.03.2024 of Hon'ble Supreme Court and common order dated 31.05.2024 passed by this Tribunal in batch of cases in OA No.706 of 2022 and implemented in letter and spirit and prayed for dismissal of present batch of cases being devoid of merits..
SUBMISSION
11. Shri Jayant Kr. Karn, learned counsel appearing for all the applicants contention can be summarized as:-
as:
(i) Respondents have issued impugned transfer order contrary to order dated 19.03.2024 passed in KVS versus Neena Khatri (Supra) and followed in batch cases O.A.No.706 of 2022, Pushpanjali Sharma versus Union of India and others decided vide common order dated 31.05.2024. The KVS has to first drop the transfer order dated 16.09.2024, then process of transfer should have been issued.
(ii) Hon'ble Supreme eme Court in order dated 19.03.2024 in case KVS vs. Neena Khatri (Supra) observed that concerned 1455 teachers will be given options as per proposed process and in non-compliance compliance of directions of Hon'ble Supreme // 9 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 Court applicants once again arbitrarily transferred transferred in garb of rationalization to meet out shortage of teaching staff.
(iii) Hon'ble Supreme Court in para 6 of order dated 19.03.2024 observed that proposed process of available vacancies will be displayed through KVS website and applicants-teachers applicants teachers will be given option for posting in a station other than station from where they are transferred. Thus KVS has effected transfer contrary to own undertaking before Apex Court.
(iv) Applicants are facing family related issues and posted at home district and going to superannuate s within period of 2-3 3 years and may not be shifted from present place.
12. Shri H.P. Singh, learned Senior CGSC assisted by Additional CGSC argued that that:-
(i) Present Original Applications are covered by Hon'ble Supreme Court order dated 19.03.2024 passed pass in K.V.S. vs. Neena Khatri (Supra) and followed in common order dated 31.05.2024 passed in O.A. No.706 of 2022 and connected cases in first round of litigation.
(ii) Kendriya Vidyalaya Sangathan has proceeded in terms of undertaking given before Hon'ble Supreme Supreme Court. Applicants were informed of available vacancies through Kendriya Kendriya Vidyalaya Sangathan website and three choice stations were submitted by all these applicants reiterated in para 6 of reply of Kendriya Vidyalaya Sangathan, Sangathan all the applicants in these ese cases furnished three station choices. Thereafter considering their three choices stations and seniority in age, applicants herein before this Tribunal have been accommodated to one of three choice stations in compliance of orders of courts in letter and nd spirit orders have been duly complied with.
(iii) Applicants have furnished three choice stations and in view of Hon'ble Supreme Court order dated 19.03.2024 on receipt of three choice stating, impugned orders of transfer and posting issued as Annexure-A/1 A/1 and and A/2. Applicants cannot approbate and reprobate at the same time.
(iv) Respondents/KVS has posted applicants in administrative exigencies in public interest to meet out shortage of regular // 10 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 teaching staff and do not have vested legal right to remain posted forever at place of own choice at home station or at home district.
DISCUSSION
13. This Tribunal has bestowed anxious consideration on the rival contentions of learned counsel appearing for the parties and perused the material placed on record as well as order orderss passed in earlier round of litigation.
CASE LAW
14. The Scope of judicial interference in transfer matters is limited in exercise of power of judicial review to transfer is issued in violation of statutory rules, malafide exercise of power or transfer is without jurisdiction.
15. Hon'ble Supreme Court in case of Union of India Versus
357.. Their Lordships in paragraph S.L. Abbas, reported in (1993) 4 SCC 357 6, 7 and 8 held reads as:
as:-
6. An order of transfer is an incident of Government service.
Fundamental Rule 11 says that "the whole time of a Government servant is at the disposal of the Government which pays him and he may be employed in any manner required by proper authority". Fundamental Rule 15 says that "the President may transfer a Government servant from one post to another". That the respondent is liable to transfer anywhere in India is not in dispute. It is not the case of the respondent that the order of his transfer is vitiated by mala fides on the part of the authority making the order, -- though the Tribunal does say so merely because certain guidelines guideline issued by the Central Government are not followed, with which finding we shall deal later. The respondent attributed "mischief" to his immediate superior who had nothing to do with his transfer. All he says is that he should not be transferred because his hi wife is working at Shillong, his children are studying there and also because his health had suffered a setback some time ago. He relies upon certain executive instructions issued by the Government in that behalf. Those instructions are in the nature of guidelines. They do not have statutory force.
7. Who should be transferred where, is a matter for the appropriate authority to decide. Unless the order of transfer is vitiated by mala fides or is made in violation of any statutory provisions, the court cannot nnot interfere with it. While ordering the transfer, there is no doubt, the authority must keep in mind the guidelines issued by the Government on the subject. Similarly if a person makes any representation with respect to his transfer, the appropriate authority aut must consider the same having regard to the exigencies of administration. The guidelines say that as far as possible, husband and wife must be posted at the same place. The said guideline however does not confer upon the Government employee a legally legall enforceable right.
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8. The jurisdiction of the Central Administrative Tribunal is akin to the jurisdiction of the High Court under Article 226 of the Constitution of India in service matters. This is evident from a perusal of Article 323-A A of the Constitution.
Constit The constraints and norms which the High Court observes while exercising the said jurisdiction apply equally to the Tribunal created under Article 323- 323 A. (We find it all the more surprising that the learned Single Member who passed the impugned orderr is a former Judge of the High Court and is thus aware of the norms and constraints of the writ jurisdiction.) The Administrative Tribunal is not an appellate authority sitting in judgment over the orders of transfer. It cannot substitute its own judgment for that of the authority competent to transfer. In this case the Tribunal has clearly exceeded its jurisdiction in interfering with the order of transfer. The order of the Tribunal reads as if it were sitting in appeal over the order of transfer made by the Senior Administrative Officer (competent authority).
[Emphasis supplied]
16. In case of Rajendra Singh and others Versus State of UP
178. Their Lordships in paragraph 8 held as:-
& Ors., (2009) 15 SCC 178
8. A government servant has no vested right to remain posted at a place of his choice nor can he insist that he must be posted at one place or the other. He is liable to be transferred in the administrative exigencies from one place to the other. Transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific indication to the contrary. No Government can function if the government servant insists that once appointed or posted in a particular place or position, he should continue in such place or position as long as he desires (see State of U.P. v. Gobardhan Lal [(2004) 11 SCC 402 : 2005 SCC (L&S) 55] , SCC p. 406, para 7).
[Emphasis supplied]
17. In case of Shilpi Bose Versus State of Bihar, (1991) Supp.
Supp. 2 659, Hon'ble Supreme Court was seisin with transfer of lady teachers SCC 659 to place where their husbands were posted on their own requests. Challenge of displaced teachers at the transferred places was not sustained. Their Lordships upheld the transfer orders and observed as:-
as:
4. In our opinion, the Courts should not interfere with a transfer Order which are made in public interest and for administrative reasons unless the transfer Orders are made in violation of any mandatory statutory Rule or on the ground of malafide. A Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer Orders issued by the competent authority do not violate violat any of his legal rights. Even if a transfer Order is passed in violation of executive instructions or Orders, the Courts ordinarily should not interfere with the Order instead affected party should approach the higher authorities in the Department. If thee Courts continue to interfere with day-to-day day transfer Orders issued by the Government and its subordinate authorities, there will be complete chaos in the Administration which would not be conducive to public interest. The High Court over looked these aspects pects in interfering with the transfer Orders.
[Emphasis supplied] // 12 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24
18. In case of Union of India Versus Janardhan Debanath, SCC, Their Lordships in paragraph 14 held:-
(2004) 4 SCC held:
"The question whether the respondents could be transferred to a different division on is a matter for the employer to consider depending upon the administrative necessities and the extent of solution for the problems faced by the administration. It is not for the Supreme Court to direct one way or the other. It is not for this Court to direct d one way or the other. The judgment of the High Court is clearly indefensible and is set aside. The writ petitions filed before the High Court deserve to be dismissed which we direct. The appeals are allowed with no order as to costs."
[Emphasis supplied] lied]
19. In Bank of India Versus Jagjit Singh Mehta, (1992) 1 SCC 306, Their Lordships spoken through Hon'ble Shri Justice J. S. Verma, then CJI as under:
under:-
"5. There can be no doubt that ordinarily and as far as practicable the husband and wife who are both employed should be posted at the same station even if their employers be different. The desirability of such a course is obvious. However, this does not mean that their place of posting should invariably be one of their choice, even though their preference may be taken into account while making the decision in accordance with the administrative needs. In the case of all-India India services, the hardship resulting from the two being posted at different stations may be unavoidable at times particularly when they belong elong to different services and one of them cannot be transferred to the place of the other's posting. While choosing the career and a particular service, the couple have to bear in mind this factor and be prepared to face such a hardship if the administrative administra needs and transfer policy do not permit the posting of both at one place without sacrifice of the requirements of the administration and needs of other employees. In such a case the couple have to make their choice at the threshold between career prospects pros and family life. After giving preference to the career prospects by accepting such a promotion or any appointment in an all-India all service with the incident of transfer to any place in India, subordinating the need of the couple living together at one station, they cannot as of right claim to be relieved of the ordinary incidents of all-India all service and avoid transfer to a different place on the ground that the spouses thereby would be posted at different places. In addition, in the present case, the respondent voluntarily gave an undertaking that he was prepared to be posted at any place in India and on that basis got promotion from the clerical cadre to the officers' grade and thereafter he seeks to be relieved of that necessary incident of all- all India service on the ground that his wife has to remain at Chandigarh. No doubt the guidelines require the two spouses to be posted at one place as far as practicable, but that does not enable any spouse to claim such a posting as of right if the departmental authorities uthorities do not consider it feasible. The only thing required is that the departmental authorities should consider this aspect along with the exigencies of administration and enable the two spouses to live together at one station if it is possible without withou any detriment to the administrative needs and the claim of other employees."
[Emphasis supplied]
20. Present batch of Original Applications are covered by order dated 19.03.2024 passed in Kendriya Vidyalaya Sangathan & Others // 13 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 versus Neena Khatri (Supra) and common order dated 31.05.2024 in O.A.No.706 of 2022 with connected cases of applicants.
(A) Relevant paragraphs of order dated 19.03.2024 passed by Hon'ble Supreme Court for ready reference reads:-
reads:
2. On 01.12.2023, when these cases were last listed, li the following order was passed: "Heard Mr. R. Venkataramani, learned Attorney General for India appearing for the petitioners. The learned Attorney General submits that as the present matter pertains to large scale transfer of teachers of Kendriya Vidyalayas Vi and regular recruitment process has been undertaken, the Kendriya Vidyalaya Sangathan may like to revisit the process of rationalisation of the teachers, in the Kendriya Vidyalaya Sangathan Schools. Accordingly, he prays for time to receive further furthe instructions.
xx xx xx"
3. The affidavit filed thereafter on 01.02.2024 by the Joint Commissioner (Personnel), Kendriya Vidyalaya Sangathan ("KVS") indicates that the decision has been taken to drop the transfers insofar as the present group is concerned.
concer Then the cases of individual teachers will be considered in light of the process incorporated in the affidavit.
4. The learned Attorney General would submit that since normal teaching work was affected during the pandemic years when classes had to bee taken in the online mode and the students faced serious difficulties in the learning process through the online mode, rationalisation of teachers and re-distribution re of the existing human resources was proposed, to deal with the exigencies in the KVS schools.
5. Accordingly, the KVS had identified the schools which are short of regular teaching staff on their rolls and those schools which were having 80% or more regular teaching staff on their rolls as per available vacancies, on an all-India India basis. The criteria of transfer were then based inter alia on the station seniority (All India/Cadre/Subject-wise), wise), who had the longest posting in the concerned station. It is also submitted that the teachers who were transferred in September 2022 were such teachers, teachers who have been posted in a given station, for more than ten years. Under the said policy, to deal with the exigencies, around 1455 transfers have been affected and this is projected to be 4% of the total teaching strength in the schools, under the KVS. It is further pointed out that while affecting these transfers, the needs of the students were of paramount consideration and the organisational interest was also borne in mind. According to the KVS authorities, the annual transfer process under the KVS was suspended for the Academic Session 2022-2023, 2022 to deal with the pandemic years.
6. Following the assurance given by the learned Attorney General to this Court on 01.12.2023, an exercise was carried out and a process is proposed to deal with the 1455 transfers. The proposed process reads as under:
"Proposed Process
1. The available vacancies vacan as on 31.01.2024 will be displayed to all concerned through KVS website. The teachers will be given option for being posted in a station other than from the station from where they were transferred (original KVs).
2. The three choices of Stations from fr among the identified employees out of those who were transferred in September-2022 2022 may be collected through dedicated E-mail E // 14 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 ID, duly signed copy by the employee concerned and counter signed by his/her controlling officer.
3. The priority will be seniority of age (DoB) irrespective of gender. In case of a tie(same DoB), females will be given preference.
4. That on receipt of choices that will be given the process of posting the employees shall be effected within four weeks.
5. All pending cases will be dropped in terms of the orders to be passed by the Hon'ble Supreme Court and further enlargement of option will not be entertained thereafter."
7. As can be seen from above, the transfer orders which have been challenged by the individual teachers are to be dropped by the authorities. The concerned teachers (1455 in number) will be given the option as per the extracted proposal.
8. Having considered the above in light of the submission made by the learned counsel for the parties, pa we are of the considered opinion that a decision should be permitted to be taken by the KVS in light of the above proposal.
9. However, as in the meantime, there could be gap period for some of the transferred teachers, the KVS authorities will regularise re the gap period, by appropriate orders.
10. With the above, the Special Leave Petitions stand disposed of. Pending application(s), if any, shall stand closed."
[Emphasis Supplied] (B) Kendriya endriya Vidyalaya Sangathan issued transfer order dated 16.09.2022, wherein applicants were transferred from present place of posting. Hon'ble Supreme Court observed that concerned teachers will be given the option as per proposal of KVS and thereafter on receipt of choices process of posting of the teachers will be effected within four weeks. Option given for being posted in a station other than from the station from where they were transferred (original KVS). Further enlargement of option will not be entertained.
entertained. This Tribunal vide common order dated 31.05.2024 in O.A. No.706 of 2022 with connected cases of present applicants arising out of order of transfer dated 16.09.2022, disposed of OAs. Relevant para 16 to 19 reads as:-
14. This Tribunal has bestowed anxious an considerations on the rival contentions of learned counsel appearing for the parties and perused the material placed on record as well as order dated 19.03.2024 passed in Kendriya Vidyalaya Sangathan & Ors versus Neena Khatri (Supra) by Hon'ble Supreme Supre Court.
15. Present batch of Original Applications covered by Hon'ble Supreme Court order dated 19.03.2024 passed in Kendriya Vidyalaya Sangathan & Ors versus Neena Khatri (Supra).
Relevant paragraphs for ready reference reads as:-
as:
2. On 01.12.2023, when these cases were last listed, the following order was passed: "Heard Mr. R. Venkataramani, learned Attorney General for India appearing for the petitioners. The learned // 15 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 Attorney General submits that as the present matter pertains to large lar scale transfer of teachers of Kendriya Vidyalayas and regular recruitment process has been undertaken, the Kendriya Vidyalaya Sangathan may like to revisit the process of rationalisation of the teachers, in the Kendriya Vidyalaya Sangathan Schools. Accordingly, Acco he prays for time to receive further instructions.
xx xx xx"
3. The affidavit filed thereafter on 01.02.2024 by the Joint Commissioner (Personnel), Kendriya Vidyalaya Sangathan ("KVS") indicates that the decision has been taken to drop the transfers tran insofar as the present group is concerned. Then the cases of individual teachers will be considered in light of the process incorporated in the affidavit.
4. The learned Attorney General would submit that since normal teaching work was affected during dur the pandemic years when classes had to be taken in the online mode and the students faced serious difficulties in the learning process through the online mode, rationalisation of teachers and re- re distribution of the existing human resources was proposed,, to deal with the exigencies in the KVS schools.
5. Accordingly, the KVS had identified the schools which are short of regular teaching staff on their rolls and those schools which were having 80% or more regular teaching staff on their rolls as per available ilable vacancies, on an all-India all basis. The criteria of transfer were then based inter alia on the station seniority (All India/Cadre/Subject-wise), India/Cadre/Subject who had the longest posting in the concerned station. It is also submitted that the teachers who were transferred sferred in September 2022 were such teachers, who have been posted in a given station, for more than ten years. Under the said policy, to deal with the exigencies, around 1455 transfers have been affected and this is projected to be 4% of the total teachingg strength in the schools, under the KVS. It is further pointed out that while affecting these transfers, the needs of the students were of paramount consideration and the organisational interest was also borne in mind. According to the KVS authorities, theth annual transfer process under the KVS was suspended for the Academic Session 2022-2023, 2023, to deal with the pandemic years.
6. Following the assurance given by the learned Attorney General to this Court on 01.12.2023, an exercise was carried out and a process is proposed to deal with the 1455 transfers.
The proposed process reads as under:
"Proposed Process
1. The available vacancies as on 31.01.2024 will be displayed to all concerned through KVS website. The teachers will be given option for being posted in a station other than from the station from where they were transferred (original KVs).
2. The three choices of Stations from among the identified employees out of those who were transferred in September-2022 September // 16 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 may be collected through dedicated E-mail E ID, duly signed copy by the employee concerned and counter signed by his/her controlling officer.
3. The priority will be seniority of age (DoB) irrespective of gender. In case of a tie(same DoB), females will be given preference.
4. That on receipt of choices that will be given the process of posting the employees shall be effected within four weeks.
5. All pending cases will be dropped in terms of the orders to be passed by the Hon'ble Supreme Court and further enlargement of option will not be entertained thereafter."
7. As can be seen from above, the transfer orders which have been challenged by the individual teachers are a to be dropped by the authorities. The concerned teachers (1455 in number) will be given the option as per the extracted proposal.
8. Having considered the above in light of the submission made by the learned counsel for the parties, we are of the considered cons opinion that a decision should be permitted to be taken by the KVS in light of the above proposal.
9. However, as in the meantime, there could be gap period for some of the transferred teachers, the KVS authorities will regularise the gap period, by appropriate orders.
10. With the above, the Special Leave Petitions stand disposed of. Pending application(s), if any, shall stand closed."
[Emphasis Supplied]
16. The cases on hand are covered by their Lordships order dated 19.03.2024 and in light of above cited order respondents/Kendriya Vidyalaya Sangathan are bound to comply said directions including paragraph 3 and 7, wherein, their Lordships specifically ordered to the competent authorities to drop the transfer fer orders, which have been challenged by concerned teachers (1455 in number), and they will be given choices of stations to be posted. So also on receipt of choices that will be given the process of posting the employees shall be effected.
CONCLUSION
17. These OAs are disposed of with following direction to the respondents:-
(1) Cases in hand are covered by order dated 19.03.2024 in case Kendriya Vidyalaya Sangathan versus Neena Khatri (Supra) passed by Hon'ble Supreme Court and respondents/competent authorities authoriti are directed to follow and comply their Lordships order as directed.
(2) In terms of Hon'ble Supreme Court directions, pursuant thereto, proposed the process as recorded in para-6 6 of the order passed by the Hon'ble Supreme Court in aforesaid Special Leave to Appeal (Civil) No.24825 of 2023. As further recorded in para-7 para thereof, the transfer orders dated 16.09.2022 passed by respondent No.4 which have been challenged by // 17 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 the individual teachers i.e. individual applicants herein, are to be dropped by the authorities.
auth (3) Pursuant to KVS Office letters dated 27.03.2024 and 01.04.2024 applicants are directed to submit three choices of stations as directed by Hon'ble Supreme Court.
(4) Respondents are directed to allow all the applicants to continue at original Kendriya Kendriy Vidyalaya, present place of posting till final decision is taken. (5) Applicants will be subject to any available legal remedies governed by the fresh transfer orders as may be passed by respondents/Kendriya Vidyalaya Sangathan.
(6) OAs are accordingly allowed in terms of directions of Hon'ble Supreme Court.
(7) Accordingly OAs stand disposed of. (8) However there shall be no order as to costs. (9) Any pending Misc. Application (s), if any, shall also stands disposed of.
(10) Copy of this order be placed in each Original Application.
[Emphasis supplied]
21. Kendriya Vidyalaya Sangathan/ respondents have filed reply inter-alia alia contending that applicants have been transferred vide impugned order dated 01.06.2024 and relieved to join at transferred place vide Annexure Annexure-A/1 A/1 and A/2 respectively. All the applicants in these batch of cases have been accommodated and transferred at choice station submitted by them. Paragraph 5 and 7 of short reply filed in O.A. No.348 of 2024, Indu Kumari versus Union of India & Ors. Reads as:-
5. That the paragraph no.7 of the Hon'ble Supreme Court's order dated 19.03.2024 is reproduced below:-
"As can be seen from above, the transfer orders which have been challenged by the individual teachers are to be dropped by the authorities. The concerned teachers (1455 in number) will be b given the option as per the extracted proposal."
In this regard, it is stated that the concerned teachers were given option as per the extracted proposal and teachers have been transferred accordingly vide order dated 01.06.2024 including the applicant.
2. That a consolidated details of the choices submitted by the teachers including this applicant and applicants of the other connected cases and their place of posting on transfer vide order dated 01.06.2024 is given below:-
Sl Name of the teacher, Station choice Transferred to Remarks No. Post and KV where submitted working
1. Smt. Sunita Kumari, 1. Darbhanga Darbhanga Transferred PRT, KV Muzaffarpur 2. Patna to her first (EC:41038) CCPA 3. Samastipur choice No.49/2024 station.
2. Smt. Punam, PRT, 1. Sonpur Buxar Transferred KV Bailey Road 2. Bihar AFS to her (ED:51750) 3. Harnaut Second (Applicant in O.A. 2nd Round choice no.390/2024 1. Nalanda station of OF 2nd round.
2. Buxar // 18 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24
3. Barauni
3. Smt. Pushpanjali 1. Bihta AFS Buxar Transferred Sharma, PRT, KV 2. Sonpur to her Danapur Cantt. 3. Ainwan Second (EC:51764) 2nd Round choice (Applicant in 1. Nalanda station of O.A.no.358/2024 OF 2nd round.
2. Buxar
3. Sasaram
4. Smt. Anju Juneja, 1. Gaya No. 1 Gaya Transferred TGT (Hindi), K.V. 2. Harnaut to her first Bailey Road 3. Muzaffarpur choice (Applicant in station.
O.A.no.359/20245. Kumari Niru, PRT, 1. Bihta AFS Harnaut Transferred No.1 Kankarbagh 2. Sonpur to her Third (EC:41284) 3. Harnaut choice (Applicant in station O.A.no.354/2024
6. Smt. Kumud 1. Sonpur IIT Patna Transferred Kumari, PRT No.1 2. Bihta AFS to her kankarbagh 3. Harnaut second (EC:47544 choice (Applicant in OA station no.356/2024)
7. Shri Phool Kumar 1. Samastipur Samastipur Transferred Jha, PRT AFS 2. Barauni to his first Darbhanga 3. Patna choice (EC:40165) station.
(Applicant in OA No.352/2024
8. Shri Ram Sundar 1. Patna Danapur Cantt. Transferred Singh, PRT, KV 2. Darbhanga to his first Muzaffarpur 3. Sonpur choice (EC:41028) station.
(Applicant in OA no.349/2024
9. Smt. Indu Kumari, 1. Patna Danapur Cantt. Transferred PRT, KV (OC 2. Samastipur to her first Barauni (EC:414101) 3. Jamalpur choice (Applicant in station.
O.A.no.348/2024)
10. Smt. Asha Sharma, 1. Sonpur No.2 IOC Allotted PRT No.1, 2. Bihta AFS Barauni nearby KV Kankarbahg 3. Harnaut w.r.t. 3 (EC:41275) Applicant choice in O.A.no.355/2024 submitted due to non-
availability of vacancy.
11. Smt. Poonam 1. Gaya No.1 Gaya Transferred Kumari, TGT, 2. Harnaut to her first K.V.No.2, Bailey 3. Muzaffarpu choice.
road r
3. That KVS invited 03 choices of stations from the concerned teachers vide notice dated 27.03.2024 (Annexure-R/2 Accordingly, the applicant submitted their 03 choice stations. As per the order of the Hon'ble Supreme Court, priority was to be given as per seniority in age. After the first round, there were some teachers who could not be accommodated at their heir choice stations. Hence, in the interest of the teachers, they were given another opportunity to submit three fresh choices based on the remaining vacancies, as per the letter dated 13.05.2024 (Annexure-R/3).
R/3). Even after the second round, when some teachers hers could not be accommodated, they were instead adjusted to KVs nearby their choice stations as per the resultant vacancies.
// 19 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 A photo copy of the notice dated 27.03.2024 and letter dated 13.05.2024 are annexed and marked as Annexure-
Annexure R/2 and R/3 respectively ely to this short reply.
4. That it is submitted that in view of the above, the earlier transfer orders issued in September 2022, which in most of the cases were never implemented, the said transfer orders stand dropped with issuance of fresh transfer orders dated 01.06.2024 as same is to be seen in totality. It is duly mentioned in the following line regarding extracted proposal of three choice stations. Hence, the order dated 19.03.2024 passed by the Hon'ble Supreme Court in SLP No.24825/2023 is followed in letter and spirit by KVS and there is no violation of the order of the Hon'ble Supreme Court and Hon'ble CAT, Patna Bench order dated 31.05.2024.
[Emphasis Supplied]
22. Now coming to the cases on hand. As evident from the record applicants are posted as Primary Teachers under Kendriya Vidyalaya Sangathan Sangathan,, except applicant in OA No. 359/2024 Anju Juneja working as TGT (Hindi) one of concerned teacher in 1455 referred by Hon'ble Supreme Court in order dt. 19.03.2024. On administrative exigencies to meet out shortage of regular teaching staff 481 KVS having more than 80% or more regular teaching staff and 237 KVS having less than 50% of regular teaching staff on its roll all over India. KVS issued 1455 transfer orders of PGTs and TGTs on station seniority, longest stay in a station taken as criteria by process of rationalization. Applicants are working as PRTs and initially transferred vide order dated 16.09.2022 as many as 717 PRTs had been transferred including appli applicants.
cants. Original Applications were filed assailing transfer order dated 16.09.2022. This Tribunal vide interim order dated 23.09.2022 stayed relieving order as coordinate Benches of this Tribunal in identical cases stayed transfer order dated 16.09.2022. Th Thee stand of KVS that to ensure redistribution and rationalization of teaching staff and remove the imbalance created indifferent KVS regular teachers having all India transfer liability have been posted.
23. Kendriya Vidyalaya Sangathan approached Hon'ble Supreme Supreme Court in case of Kendriya Vidyalaya Sangathan & others versus Neena Khatri (Supra) and filed affidavit that KVS has already taken decision to drop the transfers in so far present group is concerned and on individual basis cases of teachers will be cconsidered onsidered in light of process. KVS to deal with administrative exigencies in public interest to carry out normal teaching work, rationalization and redistribution of existing human resources proposed. KVS has identified KV which are short of regular teaching ng staff in comparison to KVS having 80% or more regular te teaching ching staff on their rolls as per available vacancies on an all India basis.
// 20 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 Transparent criteria longest posting in concerned station seniority (All India/cadre/subjectwise). In this process 1455 transfers have been effected in interest of students and KVS as due to Corona Corona-Pandemic Pandemic transfer process under KVS was suspended.
24. Hon'ble Supreme Court vide order dated 19.03.2024 in Kendriya Vidyalaya Sangathan versus Neena Khatri (Supra) considered proposed process for effecting transfer from station from where applicants regular teachers were transferred (Original KVS) and directed KVS to take decision in light of proposal. The proposed process stipulated in para 6 of the order dated 19.03.2024 at ccost ost of repetition summarized as under:-
under:
"1.
1. The available vacancies as on 31.01.2024 will be displayed to all concerned through KVS website. The teachers will be given option for being posted in a station other than from the station from where they were transferred ransferred (original KVS).
2. The three choices of Stations from among the identified employees out of those who were transferred in September-2022 September may be collected through dedicated E-mail E ID, duly signed copy by the employee concerned and counter signed by his/her controlling officer.
3. The priority will be seniority of age (DOB) irrespective of gender. In case of a tie (same DoB), females will be given preference.
4. That on receipt of choices that will be given the process of posting the employees shalll be effected within four weeks.
5. All pending cases will be dropped in terms of the orders to be passed by the Hon'ble Supreme Court and further enlargement of option will not be entertained thereafter."
[Emphasis Supplied]
25. It is clear as noon day that as per directions given, K.V.S. was to display available vacancies as on 31.01.2024 and applicants given option for being posted in a station other than present place of posting from where they were transferred vide order dated 16.09.2022 (original KVs). Thus as per three choices of stations for these applicants i.e. included in transfer order dated 16.09.2022, on receipt of choices they are required to be posted and transferred within four weeks. So also no further enlargement of option has to be entertained. The Hon'ble Supreme Court in para 8 of order dated 19.03.2024 extracted herein above considered and directed KVS to take a decision in light of proposed process and proposal in cases of concerned teachers, 1455 in numbers aand nd present applicants also included.
26. The respondent No.3 in compliance to Hon'ble Supreme Court order issued instructions dated 27.03.2024 (Annexure - R/2) to give effect to Apex Court order. All the Deputy Commissioner, KVS, regional offices were dire directed cted to call from teachers filled format with their preferred // 21 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 choice stations and specific specifically ally stated no extension will be be granted for giving choices. Thereafter letter dated 13.05.2024 was issued that Hon'ble Supreme Court order dated 19.03.2024, sub sub-para (3) of Para 6 provided priority will be given to seniority of age and concern teachers could not be accommodated because choice stations allotted to senior person in the cadre. So in interest of concerned teachers KVS second time extended opportunity conv conveying eying vacancies as notified on KVS on 27.03.2024 other than vacancies against whom senior person in cadre already accommodated. Thus stand of respondents that attempt has been made to accommodate against left over vacancies. It is also stand of respondents in reply that even after second round of giving choices if concerned teachers could not be accommodated than adjusted to nearest choice station as per available vacancies.
27. Applicants submitted choice stations thereafter strictly in compliance to order dated 19.03.2024 process of posting completed by taking decision to drop earlier transfer order dated 16.09.2022 and decision vide impugned order dated 01.06.2024 taken up with consequential orders of relieving applicants to join at place of transfer allo allotted tted as per three choices stations. The applicants were given full opportunity to provide preferences and even second time choice stations called and considered at one of three choice stations accommodated on own choice.
28. Impugned order dated 01.06.2024 01.06.2024 is clear as noon day that all the applicants in present batch of cases are accommodated, transferred to allotted Kendriya Vidyalaya as per three choices. The respondents have considered preferences and executed transfers as per directions of Hon'ble Supreme eme Court. Applicants have been working at original Kendriya Vidyalaya, place of posting for more than 18 years of posting of own choice.
29. All applicants are working as Teachers i.e. PRTs RTs & TGT (Hindi) in Kendriya Vidyalaya on transferrable post and accommodated at place of own choice stations. So far as contentions of counsel for applicants, on facing hardships even than concerned employees on requirement of administrative exigency can be transferred. O Once nce applicants given undertakings to be posted at choice stations otherwise also transfer is an incident of service. Ordinarily as far as practicable the husband and wife who are both employed should be posted at the same station. However, this // 22 // OA/050/348/24, 349/24, 352/24, 354/24 356/24, 357/24, 358/24, 359/24 390/24 does not me mean an that their place of posting should invariably be one of their choice, even though their preferences may be taken into account while making decision in accordance with administrative exigency.
exigency CONCLUSION
30. In View whereof and considering entire facts and and circumstances and legal prepositions settled by Hon'ble Supreme Court, applicants has failed to establish infringement of any legal right and there is no legal infirmity in the impugned orders Annexure - A/1 & A/2.
31. This Tribunal does es not find any merit me in the OAs and impugned orders Annexure - A/1 & A/2 are justified and not affected ffected service condition of applicant and remain unassailable.
unassailable
32. In result present OAs are accordingly dismissed at admission stage.
33. There shall be no order as to costs.
34. Any pending Misc. Application (s), if any, shall also stands disposed of.
Sd/-
[Ajay Pratap Singh] Judicial Member Central Administrative Tribunal Patna Bench, Patna sks/-