Central Administrative Tribunal - Hyderabad
Sharad Toshniwal vs Kendriya Vidyalaya Sanghthan on 7 June, 2019
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH : HYDERABAD
Original Application No.021/1131/2017
Date of Order : 07.06.2019
Between :
Smt.Sharad Toshniwal, W/o Ashok Kumar Somani,
Aged 49 years, Post Graduate Teacher (Chemistry),
Kendriya Vidyalaya No.2, Uppal, Hyderabad,
R/o H.No.285/ Phase-1, Saket, Kapra, ECIL Post,
Hyderabad - 500 103. ... Applicant
And
1. Union of India, rep. by its Secretary,
Ministry of Human Resources Development,
Department of School Education and Literacy,
Shastri Bhavan, New Delhi - 110 001.
2. The Commissioner, Kendriya Vidyalaya
Sangathan, 18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi - 110 016.
3. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan, Hyderabad Region, Picket,
Secunderabad, Telangana.
4. The Assistant Commissioner (Estt.2/3),
Kendriya Vidyalaya Sangathan, 18,
Institutional Area, Shaheed Jeet Singh Marg,
New Delhi - 110 016.
5. The Principal, Kendriya Vidyalaya No.2, Uppal,
Hyderabad.
6. Smt. K.Lalithkala Sasidharan, Post Graduate
Teacher (Chemistry), Kendriya Vidyalaya
No.1, Raipur. ... Respondents
Counsel for the Applicant ... Mr. M.Srikanth, Advocate
Counsel for the Respondents ... Mr. B.N.Sharma, S.C. for KVS
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CORAM:
Hon'ble Mr.Justice L.Narasimha Reddy ... Chairman
Hon'ble Mr. B.V.Sudhakar ... Member (Administrative)
ORAL ORDER
[ As per Hon'ble Mr. Justice L. Narasimha Reddy, Chairman ] The applicant is working as Post Graduate Teacher (Chemistry) (PGT) in Kendriya Vidyalaya, Uppal. Ever since her appointment, she is working in the Institutions around Hyderabad. The last of her transfers was to the Institution at Uppal in the year 2012 on the ground that her husband is working in Nuclear Fuel Complex, Hyderabad. Through an order dated 15.12.2017 the respondents transferred the applicant to Kendriya Vidyalaya, Kandhamal in Orissa State. The same is challenged in this OA.
2. The applicant contends that the transfer effected in the year 2012 was on her request and according to the revised transfer guidelines issued on 28.04.2017, she is entitled to stay at this station for a period of 10 years. It is also stated that her transfer to Khandhamal, Orissa State would lead to serious difficulties in her family.
3. The respondents filed a counter affidavit opposing the OA. They 2 of 4 stated that a PGT working in Kendriya Vidyalaya is liable for transfer at any time to any Kendriya Vidyalayas spread all over the Country. It is also stated that the present transfer was effected by accepting her first choice and that no exception can be taken to it. The respondents further stated that the applicant has chosen Kandhamal as a first choice and accordingly her transfer was not treated as the one made under the displacement category.
4. Heard Ms. Sridevi representing Mr.M.Srikanth, learned counsel for the applicant and Mr. B.N.Sharma, learned standing counsel for the respondents.
5. The applicant has been working as PGT in the Institutions of Kendriya Vidyalaya around Hyderabad. Almost for the first time, she is moved out of Hyderabad. In the online options, sought for transfer, the applicant has indicated her preference as KV Kandhamal, KV Bhadrak (Bhubaneswar Region), KV Dangs (Ahmedabad Region), KV Araria (Patna Region). Later on she changed her preferences, within the choices. After verification of the applications and other records, the respondents passed the impugned order.
6. It is true that the applicant would face some hardship on account of her transfer to Kandhamal, since her husband is working at Hyderabad. However, in view of the fact that she was working at Uppal from 2012 onwards, the transfer cannot be said to be unreasonable. According to the applicant, she never made such request for transfer to Kandhamal. However, in the counter affidavit, 3 of 4 extensive reference is made that online option made by her. Even if it is not a request, she was aware of the impugned transfer and exercised the option.
7. Even now, the matter can be verified. If it emerges that the applicant did make any request transfer, it shall be treated as the one, in the ordinary course. The extract of the online request, said to be made by the applicant, shall be furnished to the applicant within 15 days from the date of receipt of a copy of this order, and depending on the same, the applicant can make necessary representation. The applicant is granted four weeks time to join at the new place of posting i.e. Kandhamal, Orissa State.
8. The OA is disposed of accordingly. There shall be no order as to costs.
(B.V.SUDHAKAR) (JUSTICE L.NARASIMHA REDDY)
MEMBER(ADMN.) CHAIRMAN
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