Central Administrative Tribunal - Delhi
Mrs Shalu Pruthi vs Kvs on 17 September, 2025
1 OA No. 4052/2024
Central Administrative Tribunal
Principal Bench, New Delhi
OA No.4052/2024
Order reserved on: 22.08.2025
Order pronounced on: 17.09.2025
Hon'ble Dr. Chhabilendra Roul, Member (A)
Mrs. Shalu Pruthi, aged 37 years,
D/o Sh. Subhash Pruthi,
Working as PRT in K.V.Sainik Vihar,
New Delhi
Resident of C-358, Saraswati Vihar,
Delhi-110034.
....Applicant
(By Advocate: Mr. Yogesh Sharma)
Versus
1. Kendriya Vidyalaya Sangathan,
Through the Commissioner,
18, Institutional Area,
Shaheed Jeet Singh Marg, New Delhi.
2. The Joint Commissioner (Admin. 1),
Kendriya Vidyalaya Sangathan,
18, Institutional Area,
Shaheed Jeet Singh Marg, New Delhi.
... Respondents
(By Advocate: Mr. S.Rajappa with Mr. R.Gaurishankar
and Ms. G.Dhivyasri)
ORDER
By way of present OA the applicant is seeking quashing of order dated 01.06.2024 by which the applicant was transferred from K.V. Sainik Vihar, New Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 2 OA No. 4052/2024 Delhi to K.V. Babugarh Cantt., Agra, U.P. as well as order dated 05.06.2024 vide which the applicant has been relieved to join at the new place of posting and order dated 29.08.2024 by which the respondents have rejected the claim of the applicant for modifying the transfer order dated 01.06.2024.
2. Factual Matrix 2.1 Brief facts of the case are that applicant was posted at K.V. Sainik Vihar, New Delhi to K.V. Karaikar, Pondicherry vide order dated 16.09.2022. The applicant approached this Tribunal in OA No. 2789/2022 and this Tribunal vide order dated 27.09.2022 directed the respondents to consider the representation of the applicant and the transfer order was stayed. Meanwhile, many employees of KVS who are affected by the transfer order dated 16.09.2022 and other transfer orders issued in the month of September-October 2022 went to approach the Hon'ble Supreme Court and the Supreme Court vide order dated 19.03.2024 passed the following order:
"6. Following the assurance given by the learned Attorney General to this Court on 01.12.2023, an exercise was carried out and a process is proposed to deal with the 1455 transfers. The proposed process reads as under:Digitally signed by Sunita Dutt
Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 3 OA No. 4052/2024 "Proposed Process
1. The available vacancies as on 31.01.2024 will be displayed to all concerned through KVS website.
The teachers will be given option for being posted in a station other than from the station from where they were transferred (original KVs)
2. Out of who were The three choices of Stations from among the identified employees those transferred in September-2022 may be collected through dedicated Email ID, duly signed copy by the employee concerned and counter signed by his/her controlling officer.
3. The priority will be seniority of age (DOB) irrespective of gender. In case of a tie (same DoB), females will be given preference.
4. That on receipt of choices that will be given the process of posting the employees shall be effected within four weeks.
5. All pending cases will be dropped in terms of the orders to be passed by the Hon'ble Supreme Court and further enlargement of option will not be entertained thereafter.
7. As can be seen from above, the transfer orders which have been challenged by the individual teachers are to be dropped by the authorities. The concerned teachers (1455 in number) will be given the option as per the extracted proposal.
8. Having considered the above in light of the submission made by the learned counsel for the parties, we are of the considered opinion that a decision should be permitted to be taken by the KVS in light of the above proposal.
9. However, as in the meantime, there could be gap period for some of the transferred teachers, the KVS authorities will regularise the gap period, by appropriate orders."
2.2 Subsequently, the applicant gave three options namely Faridabad, Ghaziabad and Noida through the online mode. However, vide transfer order dated 01.06.2024, the respondents transferred her to Babugarh Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 4 OA No. 4052/2024 Cantt. in Agra Division, U.P. Being aggrieved, the applicant submitted representation dated 10.06.2024 stating that she is suffering from mental problem and she should be accommodated at the choice stations given by her. As the applicant did not get favourable response from the respondents, she filed OA No. 2527/2024 and vide order dated 01.07.2024 this Tribunal passed following order:
"3. Opposing the grant of relief in the present matter, the learned counsel for the respondents would highlight that pursuant to the directions as contained in SLP No. 24825/2023, an appropriate decision was taken asking the applicant to give the choice of posting. One of the choices of posting was given by her which was accepted vide However, learned impugned order dated 01.06.2024. Counsel for the respondents on instructions would state that if a representation is made to the competent authority regarding medical illness in peculiar facts and circumstances of the case, a holistic view shall be taken by the respondents-authority. For the said purpose, the applicant's counsel agrees to the same making a submission that the said representation shall be made within a period of 5 days from today in addition to already made representation dated 10.06.2024 and the competent authority shall be decide the same within a period of 15 days from the date of receipt of a certified copy of this order. Till such time, no coercive action shall be taken by the respondents."
2.3 In pursuance with the said order, the respondents passed detailed speaking order dated 29.08.2024 (page 30-34) rejecting the request of the applicant to accommodate her at her choice place of posting. Being aggrieved, the applicant has filed the present OA seeking the Sunita following reliefs:
Digitally signed by Sunita Dutt
DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 5 OA No. 4052/2024 "(I) That the Hon'ble Tribunal may graciously be pleased to pass an order of set-asiding the impugned order dt.1.6.2024 only in respect of the applicant and relieving order dt. 5.6.2024 (Annnex.A/1) and order dated 29.08.2024 (Annex A/2) declaring to the effect that the same is illegal, arbitrary and discriminatory and consequently, pass an order directing the respondents to consider the case of the applicant for her posting in the same school in which the applicant is working before passing impugned order or in any school in Delhi by taking into account the medical problem of the applicant, with consequential benefits.
(II) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation."
3. Notices were issued to the respondents and they have filed their counter reply, to which the applicant has also filed her rejoinder.
4. Submission by Learned Counsel for the Applicant 4.1 Learned counsel for the applicant submits that though the respondents have passed the detailed order on 29.08.2024, however, the specific medical condition of the applicant has not been analyzed and consideration has not been given to her specific medical condition. 4.2 Learned counsel for the applicant drew attention to the Annexure A-1, Transfer Policy dated 30.06.2023 (Page 79 to 93). He specifically refers to Annexure A-1 (page 93) to the Transfer Policy where the following conditions have been mentioned according to which the Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 6 OA No. 4052/2024 particular KVS employees could be considered 'MDG' category:
"Note:- Refer Para No. 2 (x) of KVS Transfer Policy "MDG"
means an employee seeking transfer on the basis of one or more of the medical conditions listed in Annexure-1, affecting himself/herself, spouse or dependent son and daughter.
TYPE OF DISEASE
1. CANCER
2. PARALYTIC STROKE.
3. RENAL FAILURE
4. CORONARY ARTERY DISEASE AS EXPLAINED BELOW
5. THALASSAEMIA.
6. PARKINSONS DISEASE
7. MOTOR-NEURON DISEASE
8. ANY OTHER DISEASE WITH MORE THAN 50% MENTAL DISABILITY
9. AIDS The brief description of illness which will be considered as medical grounds for the purpose of transfer in terms of transfer policy is as under Medical terms referred herein will bear meaning as given in the Butterworth's Medical Dictionary"
4.3 Learned counsel for the applicant submits that the case of the applicant is covered under Sl. No. 8 because she is suffering from mental condition called Bipolar Disorder. He refers to the medical certificate given by the Delhi Psychiatry Centre (page 35 of the OA) which states that the applicant is undergoing treatment for Bipolar Disorder Sunita since March 2014.Digitally signed by Sunita Dutt
DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt This shows that the Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 7 OA No. 4052/2024 applicant is suffering from mental condition since long particularly from 2014 and this requires constant treatment from the specialized institution. The applicant is undergoing special treatment from specialized institution called Delhi Psychiatry Centre. Learned counsel for the applicant submits that because of this medical condition, the spouse of the present applicant divorced her in the year 2023.
5. Submissions by Learned Counsel for the Respondents 5.1 Per contra, learned counsel for respondents vehemently opposes the present OA. He submits that the respondents have duly considered the special condition of the applicant. After the Supreme Court decision reproduced hereinabove, she exercised her options for three places, namely, Faridabad, Ghaziabad and Noida.
The respondents tried their best to accommodate her at these stations. However, they could not do so. Again she was asked twice to exercise fresh options to nearby places. However, the applicant did not furnish fresh options. She kept insisting to be posted at the three places she has already given as choice, in the first instant. In addition to this, the respondents have also considered her medical condition. He refers to the Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 8 OA No. 4052/2024 impugned order dated 29.08.2024, (page 30-32) wherein they have stated in the 5th paragraph on page 31 that the respondents have considered the medical condition of the applicant and they found that the applicant is not covered under the 'MDG' category as per annexure-A-1, of the Transfer Policy, 2023. He submits that though the applicant has submitted a certificate being suffering from Bipolar Affected Disorder, the same is not specifically mentioned in the Transfer Policy.
6. Analysis 6.1 Heard both learned counsels for the parties and perused the records of the case.
6.2 The short issue in the instant case is that whether the applicant is entitled for special treatment to get choice posting because she belongs to MDG category as per Annexure A-1 (entry at Sl. No.8) under Note attached to the Transfer Policy issued by the respondents on 30th June, 2023. Sl. No.8 under Annexure A-1 to the transfer policy states "any other disease with more than 50% mental disability".
6.3 Learned counsel for the applicant has drawn attention to the medical certificate issued by the Delhi Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 9 OA No. 4052/2024 Psychiatry Centre on 16th June, 2024. His certificate is reproduced below:
"TO WHOSOEVER IT MAY CONCERN This is to state that Ms. Shalu Pruthi is under my treatment for Biploar Affective Disorder since March, 2014.
She requires long term psychiatric follow up as well as family support for which she is advised to live with her family.
She is also advised to avoid stressful situations."
6.4 This Tribunal does not have the expertise to decide "whether the medical certificate issued by Delhi Psychiatry Centre amounts to that the applicant is suffering from a mental disability to the extent of 50%". What can be inferred from the medical certificate is that the applicant is suffering from Bipolar Affective Disorder since March 2014. Beyond that, this Tribunal cannot come to a definite conclusion that applicant is suffering from 50% mental disability. Moreover, if the applicant is suffering from Biploar Disorder and still performing her duties to the satisfaction of the respondents at K.V. Sainik Vihar, Delhi, she will be in a position to perform her duties at the new place of posting at KV Babugarh Cantt., Agra. Moreover, the medical facilities at Agra are equally good as the medical facilities available in Delhi. This cannot be a reason for claiming special treatment Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 10 OA No. 4052/2024 under the transfer policy invoking the special clause for MDG categories. Moreover, the applicant is serving at the present place of posting since long. She has joined a service which has All India transfer liability. 6.5 It is held by the Apex Court in catena of judgments that transfer is an incident of service and the officials who have entered into service, which entails All India transfer liability, are liable to be transferred from one place to another anywhere in the country. The applicant can only seek the indulgence of the administrative authorities to consider her special condition to take a sympathetic view. This Tribunal cannot act as the appellate authority over the administrative decision taken by the respondents in their administrative capacity. 6.6 Considering all facts of the case, which have been mentioned by the applicant in her representation, the respondents have come to the conclusion that the medical condition which is prevailing in respect of the applicant does not qualify her to be covered under MDG category as per Annexure A-1 of the Transfer Policy 2023. The conduct of the applicant also is paramount in considering the relief sought by the applicant. The respondents have duly considered the special condition of the Sunita applicant. Earlier she was transferred from Delhi to Digitally signed by Sunita Dutt DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 11 OA No. 4052/2024 Pondicherry. However, after the intervention of the Supreme Court, fresh options were sought by the respondents. The applicant exercised her option giving three choices of posting, namely, Faridabad, Ghaziabad and Noida. Learned counsel for the respondents has stated in his submission that respondents have tried their best to accommodate the present applicant at these stations. However, they could not do so because of the administrative reasons. Thereafter, the applicant was again advised to exercise fresh options to the places nearby NCR region. Despite the opportunity given to the applicant, she did not furnish fresh options. Instead, she insisted to be posted at the three places she had already given as her choice. This insistence by applicant to be placed at the choice of the place of posting amounts to exercising an option with a presumed assumption that she has a right to be posted in one of the three places. It has been rightly held by the Apex Court in Rajendra Singh & Others vs. State of U.P. & Others, Civil Appeal No. 4975/2009 decided on 31.07.2009 that a government servant has no vested right to remain posted at his place of choice nor can he insist that he must be posted at one place or the other. As it has been stated above, the applicant is exactly claiming as a matter of right to be posted Sunita at three of the places she has given as her choice. Digitally signed by Sunita Dutt DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 12 OA No. 4052/2024 Moreover, the applicant has been transferred from Delhi to Babugarh Cantt. Agra by order dated 01.06.2024 and she has been relieved from 05.06.2024. 6.7 In the Apex Court in S.C.Saxena vs. Union of India, (2006) 9 SCC 583 has held that the employee should first report at the new place of posting and then make a representation, after joining the new place of posting, regarding any surviving grievances by the employee. Not reporting to the new place of posting and indulging in litigation has been deprecated by the Apex Court in this judgment. In the same judgment in para 6 the Apex Court held that the transfer policy or administrative guidelines may not in itself confer a vested right which can be enforceable by a writ. It has been held by the Apex Court in Shilpi Bose (Mrs.) vs. State of Bihar & ors., 1991 Supp. (2) SCC 659 that transfer is an incident of service and in Union of India and Ors. vs. S.L. Abbas, (1993) 4 SCC 357 decided on 27.04.1993, the Apex Court has held that the employee who has joined a service which has All India transfer liability is bound to join at the new place of posting. The respondents are within their right to transfer an employee to a new place of posting in public interest and for administrative exigencies.
Digitally signed by Sunita DuttSunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0 13 OA No. 4052/2024
7. In view of the above, the present OA lacks merit and hence dismissed. No order as to costs.
(Dr.Chhabilendra Roul) Member (A) 'SD' Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65= 1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f51d1ed688256e5ff 8c529bbda4, PostalCode=110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc90ccfe14b22f74ffb 78936ff8f7b, CN=Sunita Dutt Dutt Reason: your signing reason here Location: your signing location here Date: 2025.09.17 16:30:41+05'30' Foxit PDF Reader Version: 2023.2.0