Madhya Pradesh High Court
Lalji Kol vs Kendriya Vidyalaya Sangathan on 19 October, 2023
Author: Sheel Nagu
Bench: Sheel Nagu, Hirdesh
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SHEEL NAGU
&
HON'BLE SHRI JUSTICE HIRDESH
MISC. PETITION No. 5185 of 2023
BETWEEN:-
SMT. NEENA KHATRI W/O SHRI NEERAJ
KHATRI, AGED ABOUT 55 YEARS,
OCCUPATION: POSTED AS PRIMARY
TEACHER KENDRIYA VIDYALAYA DURG
DISTRICT DURG (CHHATTISGARH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
UTKARSH AGRAWAL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER, (ESTT.II/III),
KENDRIYA VIDYALAYA SANGATHAN(KVS)
18, INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA JAIL
ROAD, 5 BANGLOWS TITURDIHA,
DISTRICT DURG (CHHATTISGARH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
2
MISC. PETITION No. 5187 of 2023
BETWEEN:-
SMT. NEENA CHAUDHARY W/O SHRI R.C.
CHAUDHARY, AGED ABOUT 56 YEARS,
OCCUPATION: POSTED AS PRIMARY
TEACHER KENDRIYA VIDHYALAYA DURG
DISTRICT DURG (CHHATTISGARH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
UTKARSH AGRAWAL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER, (ESTT.II/III),
KENDRIYA VIDYALAYA SANGATHAN(KVS)
18, INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA JAIL
ROAD, 5 BANGLOWS TITURDIHA,
DISTRICT DURG (CHHATTISGARH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5188 of 2023
BETWEEN:-
SMT. MEENA GUPTA W/O SHRI HIMANSHU
BHUSHAN MALLICK, AGED ABOUT 49
YEARS, OCCUPATION: POSTED AS TGT,
ENGLISH KENDRIYA VIDHYALAYA DURG
DISTRICT DURG R/O BHILAI DISTRICT
DURG (CHHATTISGARH)
.....PETITIONER
3
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
UTKARSH AGRAWAL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER, (ESTT.II/III),
KENDRIYA VIDYALAYA SANGATHAN(KVS)
18, INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA JAIL
ROAD, 5 BANGLOWS TITURDIHA,
DISTRICT DURG (CHHATTISGARH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5189 of 2023
BETWEEN:-
SMT. NEELAM SHARMA W/O SHRI S. K.
SINGH, AGED ABOUT 56 YEARS,
OCCUPATION: POSTED AS PRIMARY
TEACHER KENDRIYA VIDHYALAYA DURG
DISTRICT DURG R/O DURG DISTRICT
DURG (CHHATTISGARH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
UTKARSH AGRAWAL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
4
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER, (ESTT.II/III),
KENDRIYA VIDYALAYA SANGATHAN(KVS)
18, INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA JAIL
ROAD, 5 BANGLOWS TITURDIHA,
DISTRICT DURG (CHHATTISGARH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5191 of 2023
BETWEEN:-
SMT. BINDU PRADEEP NAIR W/O SHRI
KRISHNAN PRADEEP NAIR, AGED ABOUT
53 YEARS, OCCUPATION: POSTED AS
PRIMARY TEACHER KENDRIYA
VIDYALAYA DURG DISTRICT DURG
(CHHATTISGARH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
UTKARSH AGRAWAL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER, (ESTT.II/III),
KENDRIYA VIDYALAYA SANGATHAN(KVS)
18, INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
5
3. PRINCIPAL, KENDRIYA VIDYALAYA JAIL
ROAD, 5 BANGLOWS TITURDIHA,
DISTRICT DURG (CHHATTISGARH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5192 of 2023
BETWEEN:-
SMT. REKHA SHREE KUMAR W/O SHRI
SHREE KUMAR, AGED ABOUT 51 YEARS,
OCCUPATION: POSTED AS PRIMARY
TEACHER KENDRIYA VIDYALAYA DURG
DISTRICT DURG (CHHATTISGARH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
UTKARSH AGRAWAL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER, (ESTT.II/III),
KENDRIYA VIDYALAYA SANGATHAN(KVS)
18, INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA JAIL
ROAD, 5 BANGLOWS TITURDIHA,
DISTRICT DURG (CHHATTISGARH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
6
MISC. PETITION No. 5193 of 2023
BETWEEN:-
SMT. RAMA BHATTACHARJEE W/O SHRI
RISHIRAJ BHATTACHARJEE, AGED ABOUT
42 YEARS, OCCUPATION: POSTED AS
PRIMARY TEACHER KENDRIYA
VIDHYALAYA DURG DISTRICT DURG R/O
92/16 NEHRU NAGAR, EAST BHILAI
DISTRICT BHILAI (CHHATTISGARH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
UTKARSH AGRAWAL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER, (ESTT.II/III),
KENDRIYA VIDYALAYA SANGATHAN(KVS)
18, INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA JAIL
ROAD, 5 BANGLOWS TITURDIHA,
DISTRICT DURG (CHHATTISGARH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5194 of 2023
BETWEEN:-
SMT. BHARTI SIKKEWAL W/O SHRI
NARENDRA KUMAR SIKKEWAL, AGED
ABOUT 52 YEARS, OCCUPATION: PRIMARY
7
TEACHER KENDRIYA VIDYALAYA DURG
DISTRICT DURG (CHHATTISGARH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
UTKARSH AGRAWAL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER, (ESTT.II/III),
KENDRIYA VIDYALAYA SANGATHAN(KVS)
18, INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA JAIL
ROAD, 5 BANGLOWS TITURDIHA,
DISTRICT DURG (CHHATTISGARH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5195 of 2023
BETWEEN:-
SMT. JYOTI KULKARNI W/O SHRI GOVIND
NARAYAN, AGED ABOUT 56 YEARS,
OCCUPATION: POSTED AS PRIMARY
TEACHER KENDRIYA VIDHYALAYA DURG
DISTRICT DURG R/O BHILAI DISTRICT
DURG(CHHATTISGARH
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
UTKARSH AGRAWAL - ADVOCATE)
AND
8
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER, (ESTT.II/III),
KENDRIYA VIDYALAYA SANGATHAN(KVS)
18, INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA JAIL
ROAD, 5 BANGLOWS TITURDIHA,
DISTRICT DURG (CHHATTISGARH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5208 of 2023
BETWEEN:-
SMT. SARIKA SINGH W/O SHRI D.R.S.
SINGRAUL POST PRT, AGED ABOUT 53
YEARS, SF-66 SUKH SAGAR VALLEY
NARMADA ROAD JABALPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
IINSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER, (ESTT.II/III),
KENDRIYA VIDYALAYA SANGATHAN(KVS)
18, INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
9
3. JOINT COMMISSIONER ADMIN1,
KENDRIYA VIDYALAYA SANGATHAN
JABALPUR REGION, BEHIND GOVT.
SCIENCE COLLEGE GCF ESTATE,
JABALPUR 482011 (MADHYA PRADESH)
4. THE PRINCIPAL, PRINCIPAL, KENDRIYA
VIDHYALAYA AOC, CMM JABALPUR
(MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5209 of 2023
BETWEEN:-
CHRIST JOHN TOPPO S/O SHRI GUSTAP
TOPPO, AGED ABOUT 52 YEARS,
OCCUPATION: POST TGT (SOCIAL
SCIENCE) KV NO. 3 (FIRST SHIFT) BHOPAL
DISTRICT BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT.)
KENDRIYA VIDYALAYA SANGATHAN
ADDRESS 18 INSTITUTIONAL AREA,
SAHEED JEET SINGH MARG NEW DELHI,
110016 (DELHI)
3. JOINT COMMISSIONER ADMIN 1,
KENDRIYA VIDYALAYA SANGATHAN
JABALPUR REGION BEHIND GOVT.
10
SCIENCE COLLEGE GCF ESTATE,
JABALPUR 482011 (MADHYA PRADESH)
4. THE PRINCIPAL, KENDRIYA VIDYALAYA
BHOPAL NO.3 BHOPAL - 482009 (MADHYA
PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5210 of 2023
BETWEEN:-
SMT. MAMTA SHRIVASTAVA W/O SHRI
ANIL KUMAR SHRIVASTAVA, AGED ABOUT
56 YEARS, OCCUPATION: POST PRT R/O 304
SIDDHI SAFFRON CITY BLOCK RUBY
SALLAIYA KOLAR ROAD BHOPAL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT)
KENDRIYA VIDYALAYA SANGATHAN
ADDRESS 18 INSTITUTIONAL AREA
SAHEED JEET SINH MARG NEW DELHI
110016 (DELHI)
3. JOINT COMMISSIONER ADMIN 1
KENDRIYA VIDYALAYA SANGATHAN
JABALPUR REGION BEHIND GOVT.
SCIENCE COLLEGE GCF ESTATE
JABALPUR (MADHYA PRADESH)
11
4. THE PRINCIPAL PRINCIPAL KENDRIYA
VIDYALAYA BHOPAL NO. 2 BHOPAL 482009
(MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5211 of 2023
BETWEEN:-
SMT. NEERJA SHRIVASTAVA W/O MANOJ
KUMAR SHRIVASTAVA, AGED ABOUT 55
YEARS, OCCUPATION: POST PRT R/O
KENDRIYA VIDHAYALAYA NO. 1 GWALIOR
DISTRICT GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3) KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA NO 1
GWALIOR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
12
...RESPONDENTS
MISC. PETITION No. 5213 of 2023
BETWEEN:-
SMT. PARVATI PATEL W/O SHRI SHOBHA
LAL PATEL, AGED ABOUT 51 YEARS, B-29
SIGNATURE CITY KATARA HILLS BHOPAL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT)
KENDRIYA VIDYALAYA SANGATHAN 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. JOINT COMMISSIONER ADMIN 1
KENDRIYA VIDYALAYA SANGATHAN
JABALPUR REGION BEHIND GOVT.
SCIENCE COLLEGE GCF STATE JABALPUR
482011 (MADHYA PRADESH)
4. THE PRINCIPAL PRINCIPAL KENDRIYA
VIDYALAYA NO.2 BHOPAL (MADHYA
PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
13
MISC. PETITION No. 5214 of 2023
BETWEEN:-
SMT. SHRUTI BAJPAI W/O SHRI ASHOK
BAJPAI, AGED ABOUT 55 YEARS,
OCCUPATION: POST - TGT R/O 197 JIWAJI
NAGAR DISTRICT GWALIOR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3), KENDRIYA
VIDYALAYA SANGATHAN (KVS), 18
INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
3. THE PRINCIPAL KENDRIYA VIDHYALAYA
NO 5 GWALIOR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5217 of 2023
BETWEEN:-
SMT. ABHA JAIN W/O SHRI SANJAY
KUMAR JAIN, AGED ABOUT 52 YEARS,
OCCUPATION: TGT ENGLISH A-49 PALACE
ORCHARD KOLAR ROAD BHOPAL
(MADHYA PRADESH)
.....PETITIONER
14
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
UTKARSH AGRAWAL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT.)
KENDRIYA VIDYALAYA SANGATHAN (KVS)
ADD 18 INSTITUTIONAL AREA SAHEED
JEET SINGH MARG NEW DELHI (DELHI)
3. JOINT COMMISSIONER ADMIN 1
KENDRIYA VIDYALAYA SANGATHAN
JABALPUR REGION BEHIND GOVT.
SCIENCE COLLEGE GCF ESTATE,
JABALPUR (MADHYA PRADESH)
4. THE PRINCIPAL PRINCIPAL KENDRIYA
VIDYALAYA NO. 1 BHOPAL (MADHYA
PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5220 of 2023
BETWEEN:-
CHITRA NAIR W/O SHRI SUDHISH KUMAR,
AGED ABOUT 51 YEARS, OCCUPATION:
PRT H-104 SRG NEW FORT EXTENSION
AWADHPURI BHEL BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
15
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT.)
KENDRIYA VIDYALAYA SANGATHAN
ADDRESS 18 INSTITUTIONAL AREA,
SAHEED JEET SINGH MARG NEW DELHI,
110016 (DELHI)
3. JOINT COMMISSIONER, ADMIN 1,
KENDRIYA VIDYALAYA SANGATHAN
JABALPUR REGION BEHIND GOVT.
SCIENCE COLLEGE GCF ESTATE,
JABALPUR 482011 (MADHYA PRADESH)
4. THE PRINCIPAL, KENDRIYA VIDYALAYA
NO.1 BHOPAL (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5221 of 2023
BETWEEN:-
SUKHDEV UBNARE S/O LATE SHRI KISNA
UBNARE, AGED ABOUT 53 YEARS,
OCCUPATION: POST - TGT R/O D-122
CORAL CASA COLONEY BEHIND BEST
PRICE KAROND BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
16
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3) KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. DEPUTY COMMISSIONER KENDRIYA
VIDYALAYA SANGATHAN OFFICE NEAR
MAIDA MILL BHOPAL 462011 (MADHYA
PRADESH
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5222 of 2023
BETWEEN:-
KOUSHLANDRE SINGH S/O SHRI
HARVANSH SINGH, AGED ABOUT 49
YEARS, OCCUPATION: PGT A-43 VIDHYA
NAGAR HOSHANGABAD ROAD BHOPAL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER(ESTT) 2/3
KENDRIYA VIDYALAYA SANGATHAN (KVS)
17
18, INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. JOINT COMMISSIONER ADMIN 1,
KENDRIYA VIDYALAYA SANGATHAN
JABALPUR REGION, BEHIND GOVT.
SCIENCE COLLEGE GCF ESTATE,
JABALPUR 482011 (MADHYA PRADESH)
4. THE PRINCIPAL, PRINCIPAL, KENDRIYA
VIDYALAYA NO1 BHOPAL (MADHYA
PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5223 of 2023
BETWEEN:-
SMT. SARANGA BIJIT W/O SHRI P.K. BIJIT,
AGED ABOUT 49 YEARS, OCCUPATION:
POST - TGT ENGLISH R/O DELUX E-56 OLD
MINAL RESIDENCY J.K. ROAD BHOPAL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT.)
KENDRIYA VIDYALAYA SANGATHAN
ADDRESS 18 INSTITUTIONAL AREA,
SAHEED JEET SINGH MARG NEW DELHI,
110016 (DELHI)
18
3. JOINT COMMISSIONER, ADMIN 1,
KENDRIYA VIDYALAYA SANGATHAN
JABALPUR REGION BEHIND GOVT.
SCIENCE COLLEGE GCF ESTATE,
JABALPUR 482011 (MADHYA PRADESH)
4. THE PRINCIPAL, KENDRIYA VIDYALAYA
NO.1 BHOPAL (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5225 of 2023
BETWEEN:-
SMT. D. SUJATA RAO W/O DR. C UPENDRA,
AGED ABOUT 40 YEARS, OCCUPATION:
TGT MATHS 36 A SECTOR A SHIV DHAM
COLONY LIMBODI INDORE (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3) KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. PRINCIPAL KENDRIYA VIDYALAYA NO. 2
INDORE (MADHYA PRADESH)
19
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5232 of 2023
BETWEEN:-
SMT. MEENA UMARIYA W/O SHRI K.L.
UMARIYA OCCUPATION: PRT SHINDE KI
CHHAWANI DISTRICT GWALIOR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3), KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA NO.1
GWALIOR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5233 of 2023
BETWEEN:-
}
20
ANJLESH MISHRA S/O SHRI MANMOHAN
MISHRA KV NO.1 INDORE DISTRICT
INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT)
KENDRIYA VIDYALAYA SANGATHAN 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. JOINT COMMISIONER ADMIN 1 KENDRIYA
VIDYALAYA SANGATHAN JABALPUR
REGION BEHIND GOVT. SCIENCE
COLLEGE GCF STATE JABALPUR 482011
(MADHYA PRADESH)
4. THE PRINCIPAL PRINCIPAL KENDRIYA
VIDHYALAYA NO. 1 INDORE DISTRICT
INDORE (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5234 of 2023
BETWEEN:-
SANJAY KUMAR KURCHAYA S/O SHRI
JAGDISH PRASAD OCCUPATION: PRT
VIJAY NAGAR DISTRICT GWALIOR
(MADHYA PRADESH)
.....PETITIONER
21
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRA VIDYALAYA SANGATHAN (K.V.S.)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
2. THE ASSISTANT
COMMISSIONER(ESTABLISHMENT 2/3)
KENDRIYA VIDYALAYA SANGATHAN (KVS)
18 INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA NO. 1
GWALIOR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5235 of 2023
BETWEEN:-
NARESH KUMAR SHARMA S/O LATE SHRI
JAGDISH CHAND SHARMA OCCUPATION:
TGT KENDRA VIDYALAYA NO. 1 DISTRICT
GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
22
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3) KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI
3. PRINCIPAL, KENDRIYA VIDYALAYA NO.1
GWALIOR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5237 of 2023
BETWEEN:-
SMT. SHARMILA RICHHARIYA W/O SHRI
AMIT RICHHARIYA, AGED ABOUT 52
YEARS, OCCUPATION: PRT 30 GOLD LIKS
PHASE 2 GUFA MANDIR ROAD LALGHATI
BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER(ESTT.)
KENDRIYA VIDYALAYA SANGATHAN (KVS)
18 INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
23
3. JOINT COMMISSIONER, ADMIN 1
KENDRIYA VIDYALAYA SANGATHAN (KVS)
JABALPUR REGION BEHIND GOVT.
SCIENCE COLLEGE GCF STATE JABALPUR
482011 (MADHYA PRADESH)
4. THE PRINCIPAL, KENDRIYA VIDYALAYA
BAIRAGARH DISTRICT BHOPAL (MADHYA
PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5238 of 2023
BETWEEN:-
SMT. BHARATI ARORA W/O SHRI HARSH
KUMAR OCCUPATION: PRT C/O KV NO. 1
DISTRICT GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRA VIDYALAYA SANGATHAN (K.V.S.)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3), KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA NO.1,
GWALIOR (MADHYA PRADESH)
24
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5239 of 2023
BETWEEN:-
SMT. SUMATI KHAKRE W/O SHRI
MEGHRAJ KHAKRE C/O KV NO. 3 BHOPAL
DISTRICT BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRA VIDYALAYA SANGATHAN (K.V.S.)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3) KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI (DELHI)
3. PRINCIPAL KENDRIYA VIDYALAYA NO. 3
BHOPAL BHOPAL (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5242 of 2023
BETWEEN:-
UMESH KUMAR TIWARI S/O SHRI R.P.
TIWARI OCCUPATION: PRT 194 SHATABDI
25
PURAM DISTRICT GWALIOR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRA VIDYALAYA SANGATHAN (K.V.S.)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
2. ASSISTANT COMMISSIONER (ESTT.)
KENDRIYA VIDYALAYA SANGATHAN 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA NO.3
GWALIOR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5243 of 2023
BETWEEN:-
SMT. KIRTI GUPTA W/O SHRI UPENDRA
GUPTA OCCUPATION: TGT GH 964 DD
NAGAR GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
26
1. KENDRA VIDYALAYA SANGATHAN (K.V.S.)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3) KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
3. PRINCIPAL KENDRIYA VIDYALAYA NO.1
GWALIOR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5244 of 2023
BETWEEN:-
SMT. SHALINI SHUKLA W/O GHANDRA
KISHORE SHUKLA OCCUPATION: TGT
ENGLISH KV I STC JABALPUR DISTRICT
JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3) KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA SHAHEED JEET
27
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA 1 STC
DISTRICT JABALPUR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5245 of 2023
BETWEEN:-
ARUN KHEVARIYA S/O LATE SHRI MURLI
MANOHAR KHAVARIYA, AGED ABOUT 50
YEARS, OCCUPATION: TGT (ENGLISH) KV
CHHATARPUR DISTRICT CHHATARPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT)
KENDRIYA VIDYALAYA SANGATHAN 18,
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA
CHHATARPUR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
28
MISC. PETITION No. 5246 of 2023
BETWEEN:-
SMT. SNEHALATA PAWAR W/O SHRI
MANISH PAWAR OCCUPATION: PGT
(COMPUTER SCIENCE) KVS CAMPUS
GUNA DISTRICT GUNA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. THE KENDRIYA VIDYALAYA SANGATHAN
(HQ) THROUGH ITS CHAIRMAN (AN
AUTONOMOUS BODY UNDER MINISTRY
OF EDUCATION GOVERNMENT OF INDIA
18 INSTITUTIONAL AREA SAHID JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTT.2/3) KENDRIYA VIDYALAYA
SANGATHAN (HQ) (AN AUTONOMOUS
BODY UNDER MINISTRY OF EDUCATION
GOVERNMENT OF INDIA) 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
3. THE DEPUTY COMMISSIONER KENDRIYA
VIDYALAYA SANGATHAN BHOPAL
REGIONA OFFICE BHOPAL (MADHYA
PRADESH) 462011
4. THE PRINCIPAL KENDRIYA VIDYALAYA
GUNA DISTRICT GUNA (MADHYA
PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
29
MISC. PETITION No. 5248 of 2023
BETWEEN:-
SMT. PREETI DUBEY W/O YOGESH
CHANDRA DUBEY, AGED ABOUT 44 YEARS,
OCCUPATION: PRT STREET 1 AADARSH
NAGAR CHARODA BHILAI DISTRICT
DURG (CHHATTISGARH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3), KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA BMY
BHILAI (CHHATTISGARH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5249 of 2023
BETWEEN:-
NEELAM YADAV W/O SHRI SANJAY SINGH
OCCUPATION: PRT 133 A VINIT KUNJ
KOLAR ROAD BHOPAL (MADHYA
PRADESH)
30
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT.)
KENDRIYA VIDYALAYA SANGATHAN 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
3. JOINT COMMISSIONER ADMIN 1
KENDRIYA VIDYALAYA SANGATHAN
JABALPUR JABALPUR REGION BEHIND
GOVT. SCIENCE COLLEGE GCF STATE
JABALPUR 482011 (MADHYA PRADESH)
4. THE PRINCIPAL PRINCIPAL KENDRIYA
VIDYALAYA NO.2 BHOPAL 462001 (MADHYA
PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5250 of 2023
BETWEEN:-
SMT. VANDANA SINGH W/O SHRI
BHAGWAN SINGH D-70 TIRUPATI ABHINAV
HOMES AYODHYA BYPASS BHOPAL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
31
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER(ESTT.)
KENDRIYA VIDYALAYA SANGATHAN (KVS)
18 INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
3. JOINT COMMISSIONER, ADMIN 1
KENDRIYA VIDYALAYA SANGATHAN (KVS)
JABALPUR REGION BEHIND GOVT.
SCIENCE COLLEGE GCF STATE JABALPUR
482011 (MADHYA PRADESH)
4. THE PRINCIPAL, KENDRIYA VIDYALAYA 2
DISTRICT BHOPAL (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5251 of 2023
BETWEEN:-
SMT. PRATIBHA JAYANT W/O SHRI PREM
SARAH OCCUPATION: TGT ENGLISH NO.
FLAT NO. 202/15 BALWANT NAGAR
DISTRICT GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRA VIDYALAYA SANGATHAN (K.V.S.)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
32
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3), KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA NO.1
GWALIOR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5253 of 2023
BETWEEN:-
SMT. ANJU SINHA W/O SHRI
MADHUSUDAN PRASAD, AGED ABOUT 44
YEARS, OCCUPATION: PRT BLUE LOTUS
GROUP NEW COOLECTORATE DISTRICT
GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRA VIDYALAYA SANGATHAN (K.V.S.)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3), KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA, SHAHEED JEET
33
SINGH MARG KATWARIA SARAI NEW
DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDYALAYA NO. 3
GWALIOR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5262 of 2023
BETWEEN:-
SMT. ARCHANA SHARMA W/O KAPIL
SHARMA OCCUPATION: PRT KENDRIYA
VIDYALAYA NO. 3, BHOPAL DISTRICT
BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
UTKARSH AGRAWAL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3) KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI 110016 (DELHI)
3. PRINCIPAL KENDRIYA VIDYALAYA NO.3
BHOPAL (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
34
MISC. PETITION No. 5263 of 2023
BETWEEN:-
SMT. SHALU AGRAWAL W/O SHRI
SHAILENDRA BANSAL OCCUPATION: TGT
KENDRIYA VIDYALAYA GUNA NANAKHEDI
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER, KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
3. DEPUTY COMMISSIONER, KENDRIYA
VIDYALAYA SANGATHAN (KVS) REGIONAL
OFFICE NEAR MAIDAMIL HOSHANGABAD
ROAD, BHOPAL (MADHYA PRADESH)
4. PRINCIPAL, KENDRIYA VIDYALAYA
KENDRIYA VIDYALAYA GUNA NANAKHEDI
(MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5274 of 2023
BETWEEN:-
SHRI ANJANA GAUTAM W/O SHRI RAM
NARAYAN DUBEY OCCUPATION: POST PRT
35
R/O ITI ROAD, INFRONT OG NEW
GALLAMANDI, HOSHANGABAD (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3) KENDRIYA
VIDYALAYA SANGATHAN (KVS) 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
3. DEPUTY COMMISSIONER KENDRIYA
VIDYALAYA SANGATHAN REGIONAL
OFFICE NEAR MAIDA MILL BHOPAL 462011
(MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5278 of 2023
BETWEEN:-
SMT. JAISHREE SHUKLA W/O SHRI
SANJEEV KUMAR SHUKLA OCCUPATION:
TGT 42 NEHRU COLONY DISTRICT
GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
36
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLISHMENT 2/3), KENDRIYA
VIDYALAYA SANGATHAN (KVS), 18
INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI (DELHI)
3. PRINCIPAL KENDRIYA VIDYALAYA NO.5
GWALIOR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5284 of 2023
BETWEEN:-
KALAIMATHI CHITRE W/O SHRI SAHESH
CHITRE, AGED ABOUT 53 YEARS,
OCCUPATION: PRT H/3 9 KINGSWAY ROAD
NEAR INDIAN COFFEE HOUSE SADAR
CANTT. JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISIONER(ESTT)
KENDRIYA VIDYALAYA SANGATHAN (KVS)
37
ADD- 18 INSTITUTIONAL AREA, SAHEED
JEET SINGH MARG NEW DELHI (DELHI)
3. JOINT COMMISSIONER, ADMIN 1,
KENDRIYA VIDYALAYA SANGATHAN
JABALPUR REGION, BEHIND GOVT.
SCIENCE COLLEGE GCF ESTATE,
JABALPUR (MADHYA PRADESH)
4. THE PRINCIPAL, PRINCIPAL, KENDRIYA
VIDYALAYA, AOC, CMM JABALPUR
(MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5294 of 2023
BETWEEN:-
MANOJ KUMAR GUPTA S/O JAWAHIR RAM
GUPTA OCCUPATION: TGT MATHS R/O LIG
38 PUNEET NAGAR ADHARTAL JABALPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT.)
KENDRIYA VIDYALAYA SANGATHAN
ADDRESS 18 INSTITUTIONAL AREA,
SAHEED JEET SINGH MARG NEW DELHI,
110016 (DELHI)
38
3. JOINT COMMISSIONER, ADMIN 1
KENDRIYA VIDYALAYA SANGATHAN,
JABALPUR REGION BEHIND GOVT.
SCIENCE COLLEGE GCF ESTATE,
JABALPUR (MADHYA PRADESH)
4. THE PRINCIPAL, PRINCIPAL KENDRIYA
VIDYALAYA VFJ SHIFT 1 VEHICLE
FACTORY ESTATE, SECTOR 2, SHIFT 1,
JABALPUR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5295 of 2023
BETWEEN:-
LALJI KOL S/O LATE SHRI RAM KUWANR
OCCUPATION: PRT R/O H NO B 118 PEBBLE
BAY PHACE IT BAGMUGALIYA KATARA
TEHSIL HUZUR BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT)
KENDRIYA VIDYALAYA SANGATHAN 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
3. DEPUTY COMMISSIONER KENDRIYA
VIDYALAYA SANGATHAN REGIONAL
39
OFFICE NEAR MAIDA MILL BHOPAL 462011
(MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5296 of 2023
BETWEEN:-
BAL KRISHAN RATHORE S/O LATE SHRI
FERU RATHORE, OCCUPATION: TGT
ENGLISHE R/O BALWANT NAGAR
DISTRICT GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. THE ASSISTANT COMMISSIONER
(ESTABLLISHMENT 2/3) KENDRA
VIDYALAYA SANGATHAN (KVS), 18
INSTITUTIONAL AREA, SHAHEED JEET
SINGH MARG KATWARIA SARAI NEW
DELHI (DELHI)
3. PRINCIPAL, KENDRIYA VIDHYALAYA NO.1,
GWALIOR (MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
40
MISC. PETITION No. 5316 of 2023
BETWEEN:-
SMT YOGITA NAGDEEV W/O SHRI NAVEEN
NAGDEEV, AGED ABOUT 40 YEARS,
OCCUPATION: WORKING AS PRIMARY
TEACHER KENDRIYA VIDYALAYA GCF 1
JABALPUR R/O 219 AMBEDKAR COLONY
DAMOH NAKA JABALPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI PRAVEEN YADAV AND SHRI SAMVEG TRIPATHI -
ADVOCATES)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT)
KENDRIYA VIDYALAYA SANGATHAN 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
3. DEPUTY COMMISSIONER KENDRIYA
VIDYALAYA SANGATHAN JABALPUR
REGION BEHIND GOVT. SCIENCE
COLLEGE GCF ESTATE JABALPUR 482011
(MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 5335 of 2023
BETWEEN:-
ANANYA DEY W/O SHRI S.K. DEY, AGED
ABOUT 55 YEARS, OCCUPATION: TGT
41
(BIO) KENDRIYA VIDYALAYA 3 EME
CENTRE BAIRAGARH BHOPAL A- 24
EXOTICA AIR PORT ROAD POST GANDHI
NAGAR BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT)
KENDRIYA VIDYALAYA SANGATHAN 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
3. DEPUTY COMMISSIONER KENDRIYA
VIDYALAYA SANGATHAN OFFICE NEAR
MAIDA MILL BHOPAL 462021 (MADHYA
PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
MISC. PETITION No. 6028 of 2023
BETWEEN:-
SMT. MAMTA PANDEY W/O SANJAY
PANDEY, AGED ABOUT 57 YEARS,
OCCUPATION: TGT (BIOLOGY) KV NO. 3
(SECOND SHIFT) BHOPAL DISTRICT
BHOPAL (MADHYA PRADESH)
.....PETITIONER
42
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI
KABEER PAUL - ADVOCATE)
AND
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI (DELHI)
2. ASSISTANT COMMISSIONER (ESTT)
KENDRIYA VIDYALAYA SANGATHAN 18
INSTITUTIONAL AREA SHAHEED JEET
SINGH MARG NEW DELHI 110016 (DELHI)
3. THE PRINICIPAL KENDRIYA VIDYALAYA
BHOPAL NO.3 2ND SHIFT, BHOPAL
(MADHYA PRADESH)
(RESPONDENTS BY SHRI MANISH KUMAR VERMA-
ADVOCATE)
...RESPONDENTS
-----------------------------------------------------------------------------------------------
Reserved on : 10.10.2023
(MP. No.6028/2023 on 18.10.2023)
Pronounced on : 19.10.2023
-----------------------------------------------------------------------------------------
This petition having been heard and reserved for orders, coming
on for pronouncement this day, Hon'ble Shri Justice Sheel Nagu
pronounced the following:
ORDER
After these petitions involving similar facts and common question of law, were heard and reserved and this order was in the process for being dictated, another fresh petition MP. No.6028/2023 came up for hearing in motion on 18.10.2023. Learned counsel for petitioner in MP.
43No.6028/2023 submitted that issue involved is the same as that in this bunch of petitions being decided by this common order. Learned counsel for K.V.S.,Shri Verma did not dispute aforesaid contention and therefore this common order shall also govern disposal of MP. No.6028/2023 also.
CONTEXT AND CONTENT
2. By three orders dated 12.09.2022, 13.09.2022 and 16.09.2022 the Kendriya Vidyalaya Sangathan (for brevity "K.V.S.") undertook an exercise of rationalization and redistribution with the object to fill up vacancies in those Kendriya Vidyalaya's situated in all over the country where staff incumbency was less than 50%. Large number of Teachers belonging to category of Primary Teacher (P.R.T.), Trained Graduate Teacher (T.G.T.) and Post Graduate Teacher (P.G.T.) situated within territorial jurisdiction of Jabalpur Bench of the Tribunal instituted series of litigation before the Tribunal as well as this Court. After being subjected to four rounds of litigation before the Tribunal and three rounds before this Court, petitioners are before this Court yet again in the fourth round vide this bunch of MPs.
2.1 This Court to avoid prolixity refrains from indulging into factual matrix attending each case and instead intends deciding these matters on the question of law, propriety, equity and relevant subsequent events rather than individual rights and liabilities.
CONTENTIONS
3. Learned counsel for petitioners contend that the exercise of rationalization and redistribution was initiated in view of stalemate arising from interim orders passed by Apex Court in a bunch of petitions pending 44 in different High Courts and thereafter in the Apex Court where NCTE notification extending priority to B.Ed. qualification for appointment of Teachers over Diploma in Elementary Education, was under challenged. It is urged by learned counsel for petitioners that said controversy stood decided by Apex Court by quashing the notification of NCTE in the case of Devesh Sharma vs. Union of India & Others reported in 2023 SCC OnLine SC 985. In view of this changed circumstance, it is urged that entire exercise of rationalization and redistribution needs a fresh look not only about its feasibility but also its viability.
3.1 It is further contended that similarly placed persons, who had approached Principal Bench at New Delhi, Ranch Bench and Jodhpur Bench of the Tribunal were benefited by orders granted by said Benches of allowing said transferred Teachers to apply afresh under the new Transfer Policy of 2023. The petitioners seek similar treatment. More so, it is urged that petitioners ever since the orders of transfer was passed in September, 2022 were protected by judicial interim orders passed either by Tribunal or by this Court till 30.06.2023 (barring a few days in the middle). As such it is submitted that umbrella of protection of interim orders, which was not there for a few days between September, 2022 to 30.06.2023 and thereafter, be ignored in the interest of justice so as to enable petitioners to seek parity with the similarly placed Teachers before Principal Bench at New Delhi, Bench at Ranchi and Bench at Jodhpur.
4. Per contra, learned counsel for K.V.S., Shri Verma taking serious objection to the contentions of petitioner objects to the very entertainment of these petitions by emphasizing the extremely limited scope of interference in matters of transfer of service. It is submitted that none of 45 the grounds on which an order of transfer of service can successfully be assailed (proven malafide, violation of constitutional or statutory provision and breach of service conditions) are made out in these cases. It is also submitted that petitioners are holding the entire education system under K.V.S. to ransom merely to satisfy their personal whims and fancies. As regards parity, it is urged by Shri Verma, learned counsel for K.V.S. that orders of Principal Bench at New Delhi, Ranchi Bench and Jodhpur Bench cannot be made applicable to petitioners since before the said three Benches, Teachers were always protected by interim orders in their favour, which is not the case herein. By referring to order dated 19.06.2023 passed in MP. No.3171/2023, respondents contend that despite direction of this Court, petitioners have not joined at the transferred place thereby demonstrating insubordination.
4.1 It is the submission of learned counsel for K.V.S., Shri Verma that process of fresh induction by direct recruitment as well as promotions has now commenced which may take a few months to conclude.
4.2 Learned counsel for K.V.S. further contends that though a fresh policy of transfer is introduced in 2023, but the petitioners cannot derive any benefit from the same since cause of action of petitioners is of September, 2022.
FINDINGS
5. After hearing learned counsel for rival parties at length, this Court finds that instant case is essentially of rationalization and redistribution but not of mere transfer. The K.V.S. was compelled to initiate the process of this exercise in view of non holding of fresh recruitments in different 46 categories of post of Teachers which in turn was inter alia due to stalemate created by pendency of litigations before various High Courts assailing the notification of NCTE, which culminated into judgment by Apex Court in Devesh Sharma (supra). The decision by Apex Court in Devesh Sharma (supra) was rendered on 11.08.2023 whereafter K.V.S. has commenced the process of recruitment by direct appointment/promotion in different cadres of Teachers in K.V.S.
6. It is palpable from the record that except for a few days between September, 2022 to 30.06.2023 and thereafter the petitioners did not enjoy the protection of interim orders from any judicial forum. Thus, what is clear is that from September, 2022 to 30.06.2023 for a period of 9-10 months petitioners were protected by interim orders passed either by Tribunal or by this Court. Pertinently, these petitions were filed in the first week of September 2022 meaning thereby that petitioners are without any protection of interim orders by this Court for only two months, which ought not to be treated to their disadvantage especially when similarly placed Teachers had been benefited by other Benches of Tribunal (Principal Bench at New Delhi, Ranchi Bench and Jodhpur Bench). As such denying benefit of parity to petitioners would not only be harsh but also discriminatory. Thus, this Court deems it appropriate to extend the benefit of orders passed by Principal Bench at New Delhi, Ranchi Bench and Jodhpur Bench to petitioners therein.
7. Coming to other ground raised by K.V.S. of limited scope of interference in transfer matters, this Court at the cost of reiteration emphasizes that instant case is not of transfer but predominantly of rationalization and redistribution and therefore judicial scrutiny of the 47 same cannot deal with the magnifying glass prescribed for looking at transfer matters simplicitor. Thus, scope of interference in such matters of rationalization and redistribution is wider as compared to matters purely of transfer of service.
8. Another aspect which deserves consideration is that no one has joined at the place of transfer of petitioners and therefore fresh exercise of recruitment by way of direct appointment/promotion which is underway can very well be expedited and taken to its logical end. This will not only fill up large number of vacancies in those K.V.S., which have more than 50% staff efficiency but as a necessary consequence would eliminate, to a large extent, the need to transfer petitioners.
8.1 However, aforesaid observation of this Court does not curtail the right of the employer to post any Teacher liable to be transferred at any place but since we are essentially dealing the process of rationalization and redistribution, this Court deems it appropriate to cause indulgence.
9. Great emphasis has been laid by learned counsel for K.V.S. on the order passed by this Court on 19.06.2023 in MP. No.3171/2023 whereby the Coordinate Bench of this Court had fixed a timeline for deciding representations of the Teachers of K.V.S. and thereafter directed that in case of rejection of representations Teachers ought to join at the transferred place in public interest.
9.1 True it is that aforesaid order was passed but at the relevant point of time three Benches of the Tribunal (Principal Bench at New Delhi, Ranchi Bench and Jodhpur Bench) had not passed orders as aforesaid in case of similarly placed Teachers of K.V.S. and therefore this Court is compelled 48 to take a view, which though ostensibly appears to be at variance to aforesaid order passed on 19.06.2023 in MP. No.3171/2023 but is justified in the changed facts and circumstances as aforesaid.
10. It may not be out of place to mention here that academic session of 2023-24 is past its mid point and the post from which petitioners had been transferred and relieved continue to lie vacant. As such in the interest of right of education of students, it would be appropriate to allow petitioners to join back on the post from which they had been transferred situated in different K.V.Ss. in the State of M.P. and await outcome of exercise of fresh recruitment by direct appointment/promotion.
11. Consequent upon aforesaid these petitions including MP. No.6028/2023 are allowed to the following extent:-
(i) Impugned orders of transfer of petitioners passed on
12.09.2022, 13.09.2022 and 16.09.2022 so far as they pertain to petitioners before this Court are set aside.
(ii) The K.V.S. is directed to allow petitioners before this Court to join back at the place from which they were transferred and to continue them awaiting outcome of exercise of fresh recruitment (direct appointment/promotion).
(iii) The K.V.S. is further directed to ensure completion of exercise of fresh recruitment of Teachers of different categories by direct appointment/promotion as expeditiously as possible preferably well before the end of academic session of 2023-24.
(iv) After completion of process of fresh recruitment in the cadre of Teachers (direct appointment/promotion), K.V.S. is 49 directed to undertake exercise of rationalization and redistribution on those posts which continued to remain vacant after adjustment of all the fresh recruits appointed/promoted pursuant to aforesaid exercise of fresh recruitment.
(v) Petitioners be also permitted to apply under new transfer policy of 2023 to maintain parity with those Teachers before Principal Bench at New Delhi, Ranchi Bench and Jodhpur Bench of the Tribunal.
(vi) It is made clear that in case any of the petitioners is found liable to be transferred during the process of fresh exercise of rationalization and redistribution after conducting fresh recruitment by direct appointment/promotion, petitioners shall be liable to be transferred as per prevailing transfer policy of 2023.
10. With the aforesaid directions, these petitions stand allowed to the aforesaid extent sans cost.
(SHEEL NAGU) (HIRDESH) JUDGE JUDGE mohsin Digitally signed by MOHD MOHSIN QURESHI Date: 2023.10.19 17:23:35 +05'30'