Central Administrative Tribunal - Madras
G Suresh vs Kendriya Vidyalaya Sanghthan on 31 December, 2018
1 OA 1729/2018
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/01729/2018
st
Dated Monday the 31 day of December Two Thousand Eighteen
CORAM : HON'BLE MR. R. RAMANUJAM, Member (A)
G.Suresh,
Type-3, No. 2024,
Central University Residential Campus,
Nagakudi, Thiruvarur 610005. ....Applicant
By Advocate M/s. R.Arumugam
Vs
1.The Commissioner,
Kendriya Vidyalaya Sangathan,
Head Quarters, 18 Institutional Area,
Shahid Jeetsingh Marg,
New Delhi 110016.
2.The Deputy Commissioner,
Kendriya Vidyalaya Sangathan,
Chennai Region,
IIT Campus, Adayar,
Chennai 600036.
3.The Principal,
Kendriya Vidyalaya,
CUTN Campus,
Nagakudi, Thiruvarur 610005. ....Respondents
2 OA 1729/2018
ORAL ORDER
(Pronounced by Hon'ble Mr. R. Ramanujam, Member(A)) Heard. The applicant has filed this OA seeking the following reliefs :
"Call for the records pertaining to the 2 nd respondents impugned memorandum bearing No. F. 17046/16/2018-19/KVS(CHER) dated 21.12.2018 and consequent 3rd respondent's relieving order bearing No. F.No. KV/CUTN/TVR/2018-19 dated 21.12.2018 and quash the same as illegal and direct the respondents to permit the applicant to rejoin for duties at the 3 rd respondent Vidyalaya.
a. Costs of this Original Application be paid by the respondents.
b. Pass such further or and other order as may be required in facts and circumstances of the case."
2. It is submitted that the applicant had been transferred on administrative grounds from Thiruvarur to Dharmapuri with immediate effect by an order dt. 21.12.2018. Even before the applicant could receive a copy of the order, he was relieved by an order dt. 22.12.2018. Aggrieved by such action, the applicant has filed this OA.
3. Learned counsel for the applicant would submit that the applicant had been put to undue difficulties by such transfer which is allegedly against the transfer policy of the respondents. He would allege that a transfer could only be recommended by a duly constituted committee for this purpose and the applicant's transfer had been made arbitrarily without receiving any recommendation from the committee.
4. On perusal, it is seen that the applicant has not made any representation to the competent authority against the impugned order. Under such circumstances, I am of the view that since the applicant's grievance is directed against the order 3 OA 1729/2018 of the 2nd respondent, he could be permitted to make an appeal to the 1 st respondent regarding his grievance within a period of one week from the date of receipt of a copy of this order. On receipt of such appeal, the 1 st respondent shall consider the matter in accordance with rules/transfer policy and pass a reasoned and speaking order within a period of three months thereafter.
5. OA is disposed of at the admission stage.
(R. Ramanujam) Member(A) 31.12.2018 SKSI