Central Administrative Tribunal - Delhi
Kavita Dua vs Kvs on 30 September, 2022
1
Item No. 15
O.A. No. 2628/2022
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 2628/2022
M.A. No. 2687/2022
This the 30th day of September, 2022
Hon'ble Mrs. Pratima K. Gupta, Member (J)
Kavita Dua,
Aged-37 years,
W/o Sh. Amit Babbar
Working as TGT (Math) in KVS
Presently posted in K.V. Rajokri,
AFS, New Delhi.
Resident of H.No.38,
Backside of Shaktipeeth Mandir,
Sector 41, Gurgaon,
Haryana-122001.
...Applicant
(By Advocate: Ms. Meenu Mainee)
Versus
Kendriya Vidyalaya Sangathan through
1. The Commissioner,
18, Institutional Area,
Shaheed Jeet Singh Marg,
New Delhi-110016.
2. The Joint Commissioner (Admn.),
Kendriya Vidyalaya Sangathan,
18, Institutional Area,
Shaheed Jeet Singh Marg,
New Delhi-110016.
...Respondents
(By Advocate: Mr. S. Rajappa with Mr. R. Gowrishankar)
2
Item No. 15
O.A. No. 2628/2022
O R D E R (ORAL)
The applicant in the present O.A. is aggrieved by the transfer order dated 13.09.2022 whereby she has been transferred from K.V. Rajokri, AFS, New Delhi to K.V. Konni, Kerala.
2. Learned counsel for the applicant submits that the respondents have a comprehensive transfer policy which was kept in abeyance vide order dated 12.09.2022 for the reasons best known to them. There have been mass transfers vide order 13.09.2022. He further submits that the same has been done while adopting a pick and choose policy.
3. On the other hand, learned counsel for the respondents vehemently opposes the same and submits that the applicant is liable for all India transfer. He further submits that this step has been taken by the respondents in view of the dearth of teachers in various schools of the country, as explained in the short reply and the impugned order. The transfers are for rationalization and distribution of teachers.
3Item No. 15 O.A. No. 2628/2022
4. However, without going into the merits of the case and in view of the aforesaid facts and circumstances, this O.A. is disposed of with a direction to the applicant to espouse her claim before the respondents by way of a fresh detailed and comprehensive representation within a period of one week from the date of receipt of a copy of this order. On receipt of the representation, the respondents shall decide the same on merit in view of the annual transfer policy, after giving an opportunity of personal hearing to the applicant, by passing an appropriate reasoned and speaking order within a period of two months thereafter. The impugned transfer order qua the applicant is stayed and the effect and operation of relieving order, if any, issued in pursuance of the impugned transfer order is also stayed for a period of two months. If the applicant has already been relieved the respondents shall allow her to join back immediately where she was posted prior to the issuance of the impugned transfer order.
5. The O.A. is disposed of in the aforesaid terms. There shall be no order as to costs.
4Item No. 15 O.A. No. 2628/2022
6. Pending M.A., if any, shall stand disposed of accordingly.
(Pratima K. Gupta) Member (J) /dd/