Madhya Pradesh High Court
Ravendra Prasad Mishra vs Kendriya Vidyalaya Sangathan (Kvs) on 19 April, 2023
Author: Sheel Nagu
Bench: Sheel Nagu, Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SHEEL NAGU
&
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 19 th OF APRIL, 2023
MISC. PETITION No. 1246 of 2023
BETWEEN:-
RAVENDRA PRASAD MISHRA S/O RAJ MANI PRASAD
MISHRA, AGED ABOUT 56 YEARS, OCCUPATION: PRT
TEACHER R/O NIRMAL NAGAR BEHIND PADMADHAR
COLONY DEKHA, REWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SAHEED JEET SINGH
MARG, NEW DELHI 110016 (DELHI)
2. ASSISTANT COMMISSIONER (ESTT.II/III)
KENDRIYA VIDYALAYA SANGATHAN 18,
INSTITUTIONAL AREA, SAHEED JEET SINGH
MARG, NEW DELHI 110016 (DELHI)
3. THE PRINCIPAL KENDRIYA VIDYALAYA 1
ADDRESS-KENDRIYA VIDYALAYA NO. 1 REWA
486001 (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANISH KUMAR VERMA - ADVOCATE)
This petition coming on for final hearing this day, JUSTICE SHEEL
NAGU passed the following:
ORDER
Learned counsel for rival parties are heard on the question of admission Signature Not Verified so also final disposal.
Signed by: MOHAMMED MOHSIN QURESHI Signing time: 4/20/2023 3:04:10 PM 22. Learned counsel for rival parties do not dispute that similar issue has since been decided in a bunch of petitions includingWP. No.1262/2023 decided on 03.03.2023 whereby this Court while considering the challenge made to order of Tribunal issued following directions:-
"6. On hearing learned counsels and without going into the merits of the case, we are of the considered view that appropriate interference are required to be made in all these matters.
7. So far as the grievances of each one of the petitioner are concerned, it is admitted that none of the grievances have been broughtto the notice of the concerned Kendriya Vidyalaya Sangathan. That, each one of the petitioners appear to have their own reasons, in order to assail the orders of transfer. Therefore, we are of the view that it will only be just and appropriate to permit the petitioners to make their representations to the respondents/ Kendriya Vidyalaya Sangathan culling out the reasons as to why the transfer order is required to be withdrawn. It is only when the petitioners make a request to the respondents stating their grievances, the respondents/ Kendriya Vidyalaya Sangathan would then consider the same on merits and also in terms of the transfer guidelines.
8. However, it is contended that so far as Guideline No.6 is concerned, the same appears to have been stayed by the Kendriya Vidyalaya Sangathan. Even then we are of the view that every order oftransfer requires to be fairly considered. It is ultimately fairness in action, which the Court will be looking into.
9. Therefore, with the consent of the learned counsel for the parties, we are of the considered view that the petitioners may make a representation individually to the respondents/Kendriya Vidyalaya Sangathan on or before 06.03.2023. That, they are entitled to take all grounds in support of their case. The respondents should consider t he representation individually and pass appropriate orders thereon on or before 20.03.2023. That they shall also take into account the fresh manpower that is likely to be employed by them while considering the case of each one of the petitioners. Furthermore, even those petitioners who have already reported to the place of posting Signature Not Verified Signed by: MOHAMMED MOHSIN QURESHI Signing time: 4/20/2023 3:04:10 PM 3 would also be permitted to make a representation to this effect. In case, the representation has already been furnished, the same does not prevent the petitioners from filing a fresh representation also. The challenge to the transfer guidelines, will be considered in an appropriate proceeding.
10. Hence, all these petitions are accordingly disposed off.
11. The interim order granted by the Tribunal shall remain in operation till 10.04.2023.
12. The respondents shall not be influenced by any of the observations made by the Tribunal while passing the fresh orders.
13. Pending interlocutory applications stand disposed off."
3 . This Court after hearing learned counsel for rival parties is of the considered view that aforesaid order dated 03.03.2023 in WP. No.1262/2023 shall mutatis mutandis apply to present case.
4 . However. learned counsel for petitioner has referred to various provisions of Transfer Guidelines of Kendriya Vidyalaya Sangathan, 2021 to emphasize the personal grievance of petitioner, which primarily relate to field of compassion including the fact that petitioner's daughter is studying in TRS College, Rewa.
5. We have no manner of doubt that said compassionate grounds shall be taken into account by Kendriya Vidyalaya Sangathan in terms of prevailing policy and the law.
6. On the other hand, Shri Verma, learned counsel for Sangathan informs that Clause 6 has been suspended and said suspension has neither been disturbed by the Tribunal nor by Coordinate Bench of this Court in WP. No.1262/2023..
7. Be that as it may, the Sangathan being an employer is free to consider the matter at its own level and this Court need not comment upon the merits of Signature Not Verified Signed by: MOHAMMED MOHSIN QURESHI Signing time: 4/20/2023 3:04:10 PM 4 the grievances since they relate to domain of compassion which lies within the exclusive purview of the employer and not this Court.
8. Accordingly, order dated 03.03.2023 passed in MP.No.1262/2023 shall mutatis mutandis apply for disposal of this case.
9. Since an interim order was passed by this Court on 02.03.2023, the s a me is directed to be continued till 28.04.2023 or till decision on the representation whichever is earlier whereafter the petitioner is well advised to join at the transferred place without awaiting for outcome of representation.
10. It is made clear that mere joining of petitioner at the transferred place shall not render the cause in the representation infructuous.
11. With aforesaid observations, present petition stands disposed of.
(SHEEL NAGU) (DWARKA DHISH BANSAL)
JUDGE JUDGE
mohsin
Signature Not Verified
Signed by: MOHAMMED
MOHSIN QURESHI
Signing time: 4/20/2023
3:04:10 PM