Central Administrative Tribunal - Madras
Prem Kumar Singh vs Kvs on 16 December, 2025
1 OA No. 1403/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/01403/2025
Dated this, the 16th day of December Two Thousand Twenty Five
CORAM : HON'BLE MS. VEENA KOTHAVALE, Member (J)
HON'BLE MR. SISIR KUMAR RATHO, Member (A)
Prem Kumar Singh,
PGT (Comp. Sc.),
PM SHRI Kendriya Vidyalaya, DGQA,
Palavanthangal, Chennai 600061. .....Applicant
(Party in Person)
Vs.
1.The Principal,
PM SHRI Kendriya Vidyalaya DGQA,
Palavanthangal, Chennai 600061.
2.The Deputy Commissioner,
Kendriya Vidyalaya Sangathan,
Chennai Regional Office,
IIT Campus, Chennai 600036.
3.The Commissioner,
Kendriya Vidyalaya Sangathan,
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi 16. ....Respondents
By Advocate Mr. M. Vaidhiyanathan
2 OA No. 1403/2025
ORDER
(Pronounced by Hon'ble Mr. Sisir Kumar Ratho, Member(A)) This OA has been filed by the applicant seeking the following reliefs:-
"a). Direct the respondents to credit the pay and allowances of the applicant for the month of August 2025, September 2025 along with penal interest [From the pocket of the 1st and 2nd respondent] at the rate as this Hon'ble Tribunal feels appropriate, and the salary of this month along with other employees of PM SHRI KV DGQA Chennai.
b). Impose cost on the 1st and 2nd respondent for harassing the applicant financially and mentally, and for burdening this Hon'ble Tribunal with the avoidable litigation.
c). Pass such other orders as deemed fit in view of the facts and circumstances of the case in the favour of the applicant."
2. The facts of the case as submitted by the applicant, are as follows, in brief:-
2.1. The applicant is a Group B officer working as a Post Graduate Teacher in subject Computer Science (PGT CS) in PM SHRI Kendriya Vidyalaya DGQA, Palavanthangal, Chennai. In violation of transfer guidelines, an arbitrary transfer order and relieving order both dt. 28.07.2025 were issued to the applicant via Whatsapp in early morning of 29.07.2025, disabling the applicant to continue his services in the school KV DGQA.
When the applicant's representation against the arbitrary transfer and relieving did not evoke any response, he filed an OA No. 849/2025 before this Tribunal and the same was admitted on 31.07.2025 but since the applicant had been relieved this Tribunal did not grant any stay on the transfer order.
3 OA No. 1403/20252.2. Hence, the applicant approached the Hon'ble High Court of Madras in WP No. 30665 of 2025 for grant of stay on the operation of the above orders till disposal of the OA 849/2025 so that the applicant could teach the students till such time. The said WP was allowed on 09.09.2025 and the applicant served the webcopy of order upon the respondents with a representation to allow his joining from 10.09.2025 in compliance with the abovesaid order and payment of his salary consequent upon the order of stay, but the respondents failed to comply the same. It is submitted that till 27.10.2025, the applicant made several representations for his joining and payment of salary consequent upon the stay order passed by Hon'ble High Court of Madras, but the respondents have not paid any attention to the applicant's grievances, instead chose to harass him financially, physically and mentally by not paying salary of three months thereby violating his constitutional right. Aggrieved, the applicant has filed this OA seeking the aforesaid relief.
3. The main grounds raised by the applicant in support of his contentions are as follows :-
i. Subsequent to order dt. 09.09.2025 of Hon'ble High Court, without any delay, on 10.09.2025, around 8:10 am, the applicant reported for duty at his school, re-submitted his representation for joining/reporting along with copy of the Court order but the 1st respondent prevented him from signing on the staff attendance register, took his department keys and prevented the 4 OA No. 1403/2025 applicant from performing his official duties, despite the clear stay granted by the Hon'ble High Court.
ii. The applicant made all possible efforts to join the school and perform his duty which is evident in his numerous representations dt. 06.09.2025, 09.09.2025, 10.09.2025, 11.09.2025, 12.09.2025, 14.09.2025, 15.09.2025, 25.09.2025, 01.10.2025, 18.10.2025 & 27.10.2025, 27.10.2025. Hence, the period from 09.09.2025 could not be treated as unauthorised absence and the applicant is entitled for his pay and allowances w.e.f. 09.09.2025. The principle of "no work, no pay" is not applicable in this case as held by the Hon'ble Supreme Court that when an employee is willing to work but is not permitted by the employer, he is entitled to full pay and allowances.
4.1. The respondents have filed their reply opposing the relief prayed by the applicant. It is contended that the applicant approached the Hon'ble High Court Madras by filing Writ Petition No.30665 of 2025 for setting aside the order of this Tribunal rejecting his prayer for interim order. The Hon'ble High Court of Madras had set aside the order dt. 31.07.2025 passed by this Tribunal. The Kendriya Vidyalaya Sangathan has filed an appeal SLP (C) 28553 of 2025 before the Hon'ble Apex Court. In view of the matter being subjudice, the Kendriya Vidyalaya Sangathan has not permitted him to join duty.
4.2. It is contended that as per transfer guidelines, Commissioner, Kendriya Vidyalaya Sangathan has the right to transfer any employee in the 5 OA No. 1403/2025 interest of the organisation at any point of time. Accordingly, the transfer of the appliacnt has been done by the competent authority as per the extant rules under administrative exigencies. As per the transfer order dt. 28.07.2025, the Principal, Kendriya Vidyalaya, DGQA, Chennai relieved the applicant with effect from 28.07.2025 to enable him to join the Kendriya Vidyalaya to which he was transferred.
4.3. It is contended that when the vacancies created in Kendriya Vidyalayas due to various reasons, contractual teachers as per the required educational qualifications of the subject will be appointed immediately. Accordingly, after relieving the applicant, the Vidyalaya has already made alternate arrangements by appointing a qualified teacher on contractual basis for continuing the teaching learning process without any interruption. As the applicant was relieved from Kendriya Vidyalaya, DGQA and his name has been struck off from the payrolls of Kendriya Vidyalaya, DGQA with effect from the date of relieving and he has not joined in the transferred place. Both the Vidyalayas could not pay the salary to the applicant as he is not on the roll in any of the Vidyalayas. Kendriya Vidyalaya has already made alternate arrangements by appointing a qualified teacher on contractual basis for continuing the teaching, learning process without any interruption and the Regional Office also would arrange classes by deputing senior teachers from the nearby Kendriya Vidyalayas as and when required to guide the students.
6 OA No. 1403/20254.4. The respondents have further contended that the applicant's absence from the duty will be regulated as per the existing provisions after his joining duty in the Kendriya Vidyalaya to which he was transferred i.e., Kendriya Vidyalaya Binnagudi or as the decision of Hon'ble Apex Court in SLP No. 28553 of 2025. Accordingly, the respondents have prayed for dismissal of the OA as devoid of merits.
5.1. The applicant has filed a rejoinder contesting the reply statement filed by the respondents. It is submitted that SLP(C) 28553 of 2025 preferred by the respondents stated to be pending before the Hon'ble Apex Court has been closed on 21.11.2025 itself in his favour. It is submitted that mere pendency of the SLP has no bar on execution of the stay order but the respondents did not obey it and admittedly they prevented the applicant from joining Kendriya Vidyalaya, DGQA Chennai and performing his duty. Hence, the respondents' wrong interpretation or ignoring the settled rule/law cannot be a reason to stop the salary of the applicant for so long. 5.2. It is submitted that though the Commissioner, KVS reserves right to transfer any employee in the interest of the organization but such transfer has to be backed by genuine reason and it should neither be in violation of the transfer rules, nor against the interest of the students. No reason of transfer in middle of the session is mentioned in the order dt. 28.07.2025 and it also violates the transfer guidelines of 2023 relied upon by the respondents.
7 OA No. 1403/20255.3. It is further submitted that in view of the disposal of the SLP(C) No. 28553 of 2025 in the applicant's favour, the respondents have no reason to deny his salary w.e.f. 01.08.2025 and treat his absence since 29.07.2025 as duty with all his consequential benefits as my absence was solely due to the wrongdoings of the respondents.
6. Heard both sides and perused the records.
7. The OA has a limited prayer with regard to the disbursement of salary to the applicant for the months of August and September in 2025. The chronology of events shows that on 28.07.2025, the applicant was transferred and relieved by the respondent authority. This Tribunal, vide its order dt. 31.07.2025 in OA 849/2025 has declined stay of the operation of the impugned transfer order and relieving order dt. 28.07.2025 since the applicant was already relieved. The applicant preferred a Writ Petition no. 30665 of 2025 wherein Hon'ble High Court of Madras set aside the order dt. 31.07.2025 of this Tribunal in OA No. 849/2025 and consequently ordered interim stay of impugned transfer and relieving order dt. 28.07.2025 pending disposal of the OA No. 849/2025 before this Tribunal. The respondents have filed an SLP No. 28553 of 2025 and Hon'ble Supreme Court in its order dt. 21.11.2025 disposed of the SLP with a direction to the respondent authorities to pass an appropriate order in the matter within a period of two weeks. Subsequently, the respondent authorities have passed an order dt. 28.11.2025 posting the applicant as PGT CS at Kendriya Vidyalaya, AFS, 8 OA No. 1403/2025 Avadi, Tamil Nadu till 31.03.2026. The applicant has joined KVS, AFS, Avadi on 09.12.2025 and is continuing as such.
8. It is seen that consequent upon stay of the transfer and relieving order by Hon'ble High Court of Madras on 09.09.2025, the applicant submitted a joining report dt. 09.09.2025 followed by subsequent letters dt. 25.09.2025, 01.10.2025, 18.10.2025 and 27.10.2025. The respondents have stated in their reply that consequent to passing of the order of stay by Hon'ble High Court of Madras, KVS has filed an SLP which was pending. Since the matter was sub-judice, the KVS has not permitted the applicant to join. The respondents have also stated that they have made alternative arrangements by appointing qualified teachers on contract basis for continuing teaching without interruption and the KV would arrange senior teachers as and when required to guide the students.
9. Mr. S. Vaidhiyanathan, learned counsel for the respondents, Kendriya Vidyalaya Sangathan argued that the doctrine of merger applies and therefore the applicant is entitled for relief strictly as per the order of the Hon'ble Supreme Court which has been complied vide their order dt. 28.11.2025. He further cites the judgment of the Hon'ble Supreme Court in Civil Appeal arising out of Petition for Special Leave to Appeal (C) Nos. 13070-13075 of 2022 in the case of The Tamil Nadu Agricultural University & Anr etc Vs. R. Agila etc to support his arguments wherein it is ordered that no salary to be paid for the period of unauthorized absence. 9 OA No. 1403/2025
10. However, the facts in this case are slightly different. On perusal of the chronology of the events, it becomes clear that on 09.09.2025 by virtue of grant of stay by Hon'ble High Court of Madras, the applicant had a vested right to rejoin his post at KV, DGQA which has been denied by the respondent authorities. The order of Hon'ble Supreme Court is affirmative in nature to that of the order of Hon'ble High Court to the extent that the applicant was allowed in the same place ie., Chennai till end of the Academic Session.
11. Therefore, we are of the considered view that the period from grant of stay by Hon'ble High Court of Madras on 09.09.2025 till passing of an order by the respondent authorities on 28.11.2025 shall be treated as duty by the respondent authorities and salary as admissible shall be disbursed within a period of two weeks from the date of receipt of a copy of this order.
12. The period from 28.07.2025 till 09.09.2025 shall be subject to the outcome of the OA No. 849/2025 filed by the applicant.
13. Accordingly, the OA is disposed of. No order as to cost.
(Sisir Kumar Ratho) (Veena Kothavale)
Member (A) Member (J)
16.12.2025
SKSI
Digitally signed
by HP
S.S. IYER, PS
Date:
2026.01.02
12:52:18 +05'30'