Central Administrative Tribunal - Gauhati
Smt Neeta Huirem vs Navodya Vidyalaya Sanghathan on 19 December, 2018
18 oh CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH, GUWAHATI Circuit Court at Imphal Original Application No. 042/00333/2017 | THE HON'BLE MRS. MANJULA DAS, JUDICIAL MEMBER THE HON'BLE MR. N. NEIHSIAL, ADMINISTRATIVE MEMBER Smt. Neeta Huirem T.G.T., English J.N.V., Thoubal, Dist - Thoubal, Manipur, Pin -- 795103. Applicant By Advocate: Ms. U. Das -Versus- 1. Union of India Represented by the Secretary Govt. of India, Ministry of Human Resource Development, Department of Education New Delhi--- 110001. 2. The Commissioner, Navodaya Vidyalaya Samity A-28, Kailash Colony, New Delhi -- 110048. 3. The Joint Commissioner (P) Navodaya Vidyalaya Samity Department of School Education and Literary Government of India, B-15 'S Institutional Area, Sector-62, Nopida Gautam Budha Nagar, Uttar Pradesh -- 201309. 4, The Deputy Commissioner Navodaya Vidyalaya Samity Regional Office, Temple Road, Barik Point Lachumiere, Shillong -- 793001. 5. Smt. Kavita Devi T.G.T., English JN.V., Nagaon, Assam, Pin -- 782123. ...Respondents i Advocate: Mr. M. Mahanta, for res. Nos. 2,384 ate of Hearing: 17.12.2018 Date of order: 19.12.2018 ORDER N. NEIHSIAL, ADMINISTRATIVE MEMBER:
This O.A. has been preferred by the applicant under Section 19 of the Administrative Tribunal Act, 1985 seeking the following main reliefs:-
la wh, "8,1 That the Hon'ble Tribunal may be pleased to set aside and quash the order No. F. No, 11- 76/2016 NVS (Estt.II}/16683 dated 2.11.2017.
8.2 That the Hon'ble Tribunal may be pleased to direct the respondents to consider the case of the applicant for choice place of posting and pass appropriate order transferring the applicant to JNV Imphal and JNV Imphal West basing on the Transfer Count as stated in para 9 and 9.1 of the Transfer Policy.
8.3. That the Hon'ble Tribunal may be pleased to direct the respondents to consider the applicant strictly following the Transfer Policy more particularly para 9 and 9.1 first than the respondent No. 5 as the applicant is having more transfer count than the respondent No. 5.
8.4 That the Hon'ble Tribunal may be pleased to direct the respondents to consider the prayer of the applicant in transfer her to JNV Imphal West or Imphal West as prayer made in the representation dated 30.11.2017 filed by the husband of the applicant as well as earlier representations before issuing any transfer order of TGT (English) in case of these two Schools."
2. Notice was issued on 06.12.2017. Thereafter, matter was listed on various dates on 23.01.2018, 12.03.2018, 26.04.2018, '9 | 9 29.05.2018, 21.06.2018, 17.08.2018, 05.09.2018, 10.10.2018, 29.11.2018 and 18.01.2019. However, as the Circuit Court has been held at Imphal, this matter is taken up and finally heard on 17.12.2018.
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3. Heard Ms. U. Das, learned counsel for the applicant and r. M.M. Mahanta, learned counsel for the respondent Nos. 2, 4, that he has been instructed by his client to represent the case & 4, Mr. M.G. Singh, learned counsel appeared and submitted on behalf of private respondent No. 5 where Ms. U. Das, learned counsel for the applicant vehemently opposed and submitted that he has no locu-standi to argue on behalf of respondent No. 5 as no vokalatnama has been filed till date. |
5. This is a case wherein applicant has been sought for transfer from T.G.T., Thoubal to Imphal East to facilitate + et closure posting to her family since her husband is working in NIT, Imphal. The case has already been considered by this Tribunal twice and passed following interim order vide order dated 26.07.2016 in O.A. No. 042/00273/2016:- "6. Accordingly, we direct the respondents to consider the prayer of the applicant for choice posting at JNV, Imphal West or Imphal East and her representation dated 29.06.2016 in the light of the transfer policy. Till such time one vacancy of TGT, English in any of the two stations shall not be filled i up.
6. Again this Tribunal vide order dated 03.08.2016 in O.A. No. 042/00282/2016 has also directed as follows:-
"4. In view of the order dated 22.07.2016 issued by the Assistant Commissioner (Establishment), the respondents are directed that if they want to persist with their transfer of respondent no. 5 Imphal East, applicant's case for posting at Imphal West, which is lying vacant and the applicant has higher transfer count, should be ae BN ro sympathetically considered. To facilitate such consideration, applicant is given liberty to file comprehensive representation. Till the request of the applicant for her choice posting to Imphal West is disposed of, transfer of the private respondent no. 5 shall remain stayed."
7. In compliance of the aforesaid order of this Tribunal, the | respondents have issued speaking order dated 02.11.2017, Annexure-I, page 24 of their O.A. wherein after giving details of . their transfer policy has rejected the posting of the applicant either at Imphal East or Imphal West. However, her application for posting to Imphal West is rejected on the ground that station being her home town as per the policy of the Govt., the applicant is not eligible for transfer to Imphal West. Her application for transfer to the Imphal East is also rejected on the ground that her present place of posting f.e. INV, Thoubal is adjacent to the district in which her spouse is working. But in f a the same, it is also recorded that Sh. N. Subhash Chandra Singh of JNV, Bishnupur got transferred to INV, West Imphal on spouse ground as his wife Smt. S. Rita Devi was working as PGT (Commerce) there. It is not clear as to how this individual could be transferred to Imphal West when Bishnupur District also adjacent to the Imphal West.
8. Learned counsel for the applicant also submitted that though Thoubal is adjacent to Imphal East district, actual location of JNV, Thoubal is very far from the district headquarters. Due to this creation of new district in the State of Manipur, JNV, Thouba!l has fallen in to the district of Kakching. Therefore, in terms of physical distance and also with reference to the technicality of adjoining district, JNV Thoubal is nO more adjacent to Imphal East district. fay, &
9. On perusal of the entire records and submission made by the applicant as well as by the respondents, it is observed that the respondents seems to be trying to make the issue as a case of contest between the applicant and private respondent No. 5 namely Smt. Kavita Devi who is under transfer from JNV, Nagaon, Assam. It is felt that this is not way to sort out the | problem faced by the applicants/employees without sacrificing the interest of the organization. Both the applicant as well as private respondent No. 5 is obviously in need of posing to Imphal area either East or West. The respondent authorities should have explore the ways and means of accommodating them in appropriate manner.
10. With the above observation, we hereby direct the respondents to accommodate both the applicant as well as private respondent No. 5 in their choice place of posting. In case it is not feasible to accommodate both of them in their 4 choice place of posting, they may be given liberty to opt any nearby posting which shall be considered by the respondents expeditiously. Accordingly, the respondents are at liberty to suitably modify the speaking order No. 11-76/2016 NVS (Estt. Il) dated 02.11.2017,
11. O.A. stands disposed of accordingly. No order as to costs.
"y wee ; : a : | a (N. NEIHSIAK)-------- 7 (MANJULA DAS) MEMBER (A) - MEMBER (J) PB