Central Administrative Tribunal - Bangalore
Alka Rastogi vs Kvs on 24 January, 2025
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OA.No.170/00338/2024/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00338/2024
DATED THIS THE 24TH DAY OF JANUARY, 2025
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
Smt. Alka Rastogi
W/o Sri Ashutosh Kumar Rastogi
Aged about 58 years,
R/a. No. 207, Maanya Mansion, Vaderahalli,
Kanshiram Nagar, Vidyaranyapura,
Bengaluru 560 097 .... Applicant
(By Shri Vikram Phadke, Advocate)
Vs.
1. Kendriya Vidyalaya Sangathan
An Autonomous Body under
Ministry of Education
Government of India, 18 Institutional Area
Shaheed Jeet Singh Marg,
New Delhi 110 016
Represented by its Deputy Commissioner
2. Kendriya Vidyalaya - Jalahalli-2
Jalahalli - East
Bangalore 560 014
Represented by its Principal
3. Kendriya Vidyalaya - Ayodhya Cant.
Ayodhya Cantt., Ayodhya District - 224 001, Uttar Pradesh
Represented by its Principal ...Respondents
(By Shri Vishnu Bhat, Senior Panel Counsel)
kavya shree k
kavya CAT,
Bangalore
shree k 2025.01.31
17:52:04+05'30'
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OA.No.170/00338/2024/CAT/BANGALORE
O R D E R (ORAL)
This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"i. Quash the transfer order bearing No. F. No. 11-E-II065 (Transfer-2022)/Estt-II/1461-1465, dtd 01.06.2024, issued by the Respondent No. 1, at Annexure-A10, in so far as the applicant is concerned; and ii. Consequently quash the relieving order No. F46/2024- 25/KV-2J/_, dtd. 10.06.2024, issued by the Respondent No. 2, at Annexure-A11; and iii. grant such other further relief to the applicant as this Hon'ble Tribunal may deem fit in the circumstances of the case."
2. Facts in brief as narrated by the applicant are that the applicant joined the services of Kendriya Vidyalaya Sangathan (KVS) as Trained Graduate Teacher (TGT) Hindi at KV-Katihar, Patna, Bihar. Thereafter, she has been transferred to different locations. Applicant was issued with transfer order dated 13.09.2022 purporting to transfer her from Bengaluru to Kalburagi. The applicant challenged the same in OA No. 381/2022. The said OA was disposed of on 15.02.2023 directing the respondents to consider the representation of the applicant which was rejected and kavya shree k kavya CAT, Bangalore shree k 2025.01.31 17:52:04+05'30' 3 OA.No.170/00338/2024/CAT/BANGALORE transfer order dated 18.12.2023 and relieving order dated 19.12.2023 were issued against which OA No. 666/2023 was filed by the applicant wherein, the impugned orders therein, were stayed. Pursuant to the order dated 01.06.2024 (impugned herein) issued by the respondents, the said OA No. 666/2023 was disposed of as having rendered infructuous by order dated 14.06.2024. In terms of the fresh order dated 01.06.2024, the applicant has been transferred from Jalahalli, Bengaluru to Kendriya Vidyalaya school in Ayodhya-Cantt, Uttar Pradesh. Consequently, the Respondent No. 2 has issued a relieving order dated 10.06.2024. It is the grievance of the applicant that the aforesaid orders have not been personally served on her but have been sent by email to the applicant in absentia. The applicant is due for retirement in July, 2026. She has about two years of service left in the Institution. Being aggrieved by the impugned transfer order and relieving order dated 01.06.2024 and 10.06.2024, respectively, the applicant has preferred this OA.
3. Learned counsel for the applicant vehemently argued that the applicant is on the verge of her retirement. In the last three years before retirement from service, an employee is not transferred out/an employee is given a choice of posting without any pre-
kavya shree k
kavya CAT,
Bangalore
shree k 2025.01.31
17:52:04+05'30'
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OA.No.170/00338/2024/CAT/BANGALORE condition (except there being vacancy), however, without taking into consideration the undisputed fact that the applicant is due for retirement within two years, the impugned transfer order has been issued. As per the vacancy position shown in document dated 31.01.2024, there are four vacancies within Bengaluru itself. The applicant is suffering from Asthma and Bronchitis, she has severe knee pain and osteoporosis after menopause. Transferring to a place which is more than 2000 kms from her present place in Bengaluru, is highly unjust, especially at the fag end of her career.
4. Inviting the attention of the Bench to the Transfer Policy Guidelines, 2021, learned counsel submitted that the factors/points and calculation of transfer count of an employee for request transfer provides at clause (6), Less than three years to retire (LTR)/Death of family person (DFP)/Medical ground (MDG)/Widow/Single Parent has to be considered with +50 points to be counted as on 30th June of the year. The clauses of LTR/DFP/MDG/Widow/ Single Parent comes under one serial number categorized to be considered equally. However, in the reply statement filed on behalf of the respondents in response to para 4 (H), it is stated that the KVS has given exemption from administrative transfer to those kavya shree k kavya CAT, Bangalore shree k 2025.01.31 17:52:04+05'30' 5 OA.No.170/00338/2024/CAT/BANGALORE employees who comes under the category of MDG/ DFP/PH/Caregiver for PH/Widow/Widower/Single Mother, but the applicant's case is not covered under any of these categories of exemption. Thus, learned counsel argued that though LTR comes under the same category which has been considered to, by the respondents for giving exemption from administrative transfer, the same has been left out which amounts to discrimination.
5. Learned counsel for the respondents has filed a memo along with the copy of the note/decision dated 23.01.2025, taken by the competent authority with regard to the issue involved herein. It is discernible from the said decision that about 1455 similarly placed cases has been decided by the Hon'ble Apex Court vide order dated 19.03.2024 in SLP No. 24825/2023. In September, 2022 KVS issued 1455 transfers of PGT/TGT/PRTs including applicant on administrative grounds due to the disruption in normal schooling caused by the pandemic situation. In this regard, the teachers falling under the following categories at that time were exempted from the said administrative transfer:
"i) Less than three years of service left for superannuation (as on 1st July-2022).
kavya shree k kavya CAT, Bangalore shree k 2025.01.31 17:52:04+05'30' 6 OA.No.170/00338/2024/CAT/BANGALORE
ii) Staff with Physical disability and Staff as care giver to persons with disability in the family (Spouse or dependent son/daughter).
iii) Staff with any of the nine medical conditions listed in the transfer guidelines.
iv) Staff who have not completed 5 years of stay in the station."
6. It is emphasized that the case of the applicant was not covered under LTR category at that time. Out of these 1455 teachers, no case of LTR was considered for exemption. Pursuant to the order passed by the Hon'ble Apex Court in SLP No. 24825/2023 dated 19.03.2024, KVS invited three choices of stations from the concerned 1455 teachers vide notice dated 27.03.2024. Accordingly, the applicant submitted three 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 choice stations, hence, in the interest of the teachers, they were given another opportunity to submit three choices based on the remaining vacancies as per the letter dated 13.05.2024. Even after the second round, when some teachers could not be accommodated, they were adjusted to KVs nearby their choice stations as per the resultant vacancies. The applicant submitted her three choice of stations viz., kavya shree k kavya CAT, Bangalore shree k 2025.01.31 17:52:04+05'30' 7 OA.No.170/00338/2024/CAT/BANGALORE
i) Ayodhya Cant, ii) Hyderabad, iii) Hubli-Dharwad. Accordingly, she was transferred to her first choice KV, Ayodhya Cant vide order dated 01.06.2024 in compliance with the order of the Hon'ble Apex Court dated 19.03.2024. Further, no ground of LTR was considered though various other teachers approached different Tribunals. It is further stated that "however, these teachers may apply through the online transfer portal in the upcoming cycle, provided they are otherwise eligible under the categories mentioned in the KVS Transfer Policy". Placing reliance on this decision, learned counsel submitted that the applicant is at liberty to avail the LTR benefit in terms of the said decision.
7. Considering the aforesaid decision, learned counsel Shri Vikram Phadke representing the applicant undertakes that the applicant shall avail the LTR benefit as offered in the decision now conveyed to this Tribunal vide memo dated 24.01.2025 along with the copy of the decision dated 23.01.2025, immediately whenever the online transfer portal in the upcoming cycle is made available by the respondents. The said submission is placed on record.
8. In view of the aforesaid, OA stands disposed of reserving liberty to the applicant to avail LTR benefit now offered to the kavya shree k kavya CAT, Bangalore shree k 2025.01.31 17:52:04+05'30' 8 OA.No.170/00338/2024/CAT/BANGALORE applicant to apply through the online portal in the upcoming cycle under the category mentioned in the KVS Transfer Policy as soon as the online portal is made available by the respondents. The impugned transfer order dated 01.06.2024 and the relieving order dated 10.06.2024 at Annexures-A10 and A11, respectively shall be kept in abeyance until the decision is taken by the respondents in this regard.
9. OA stands disposed of in terms of above.
No order as to costs.
Sd/-
(JUSTICE S. SUJATHA)
MEMBER (J)
/ksk/
kavya shree k
kavya CAT,
Bangalore
shree k 2025.01.31
17:52:04+05'30'