Central Administrative Tribunal - Mumbai
Smt Pama Yuvraj Ahire vs Department Of Education on 2 November, 2023
1 OA No.757/2022 & 42 Ors, CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI BENCH, MUMBAI ORIGINAL APPLICATION Nos.757, 758, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 772, 775, 808, 809, 843, 845, 847, 848, 849, 850, 851, 853, 855, 911, 912, 918, 919, 920, 921, 962, 963, 964, 995, 1002, 1029 of 2022, 30/2023, 958/2022, TH2023, 959/2022 and 960/2022 Dated this Thursday the 2"° day of November, 2023. Coram : Justice M.G. Sewlikar, Member (Judicial) Dr. Bhagwan Sahai, Member (Administrative). O.A.757/2022 Mrs.Pama Yuvraj Ahire, W/o Yuvraj Ahire, R/at Pride Neptune Building Flat No. 103, 1* Floor, Nasik -- 422 101. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus -- 1, The Commissioner, - Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. ~3. The Principal, Kendriya Vidyalaya, ISP Nasik Road -- 422 101. 4, The Principal, _ Kendriya Vidyalaya, Mandya, Karnataka -- 571 402. .. Respondents, ( By Advocate Dr.V.S. Masurkar ). 2 O.A.758/2022 Mrs.P M Indu, W/o P. Ajit Prasad, R/at House No.3, Ashtavinayak Prasad, Someshwar Wadi Pashan Pune ~ 411 008. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, . 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, -- Kendriya Vidyalaya Sangathan, . Mumbai Region ITT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, Ganeshkhind, Pune -- 411 007. 4. The Principal, Kendriya Vidyalaya, Koppai, Karnataka -- 583 231. ( By Advocate Dr.V.S. Masurkar ). O.A.760/2022 Mrs.Mridula Avadhesh Yadav, W/o Avadhesh Yadav, R/at Flat No.204, Behind Papayya Nursery, . Trimbak Road, Satpur, Nasik -- 411 012. ( By Advocate Shri P.J. Prasadrao ). Versus OA No.757/2022 & 42 Ors. .. Applicant. .. Respondents. .. Applicant. 3 OA No.757/2022 & 42 Ors. 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, 'Kendriya Vidyalaya Sangathan, Mumbai Region HT Campus, Powai, -- Mumbai ~ 400 076. 3. The Principal, Kendriya Vidyalaya, ISP Nasik Road -- 422 101. 4. The Principal, Kendriya Vidyalaya, Tumkur, Karnataka -- 572 101. | -_,, Respondents. ( By Advocate Dr.V.S. Masurkar ). O.A.761/2022 Mrs.Neeraj Pramod Punj, W/o Pramod Punj, R/at Flat No.5, Sanskruti Apartment, Takli Road, Behind Shree Ganesh Apartment, . Gandhi Nagar, Nasik -- 422 006. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, ISP Nasik Road -- 422 101. 4, The Principal, Kendriya Vidyalaya, Koppal, Karnataka -- 583 238. ( By Advocate Dr.V:S. Masurkar ). -O.A.762/2022 Mrs.Sujata Umesh Kardile, W/o Umesh Kardile, R/at Govind Smriti Bungalow, Opp. Kataria Collections Patil Lane No.1, Nasik ~ 422 005. ( By Advocate Shri P.J. Prasadrao ). Versus l. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region ITT Campus, Powai, Mumbai -- 400 076. 3. The Principal, . Kendriya Vidyalaya, ISP Nasik Road -- 422 101. 4, The Principal, a Kendriya Vidyalaya, Bagaikot, Karnataka -- 587 101. ( By Advocate Dr.V.S. Masurkar ). OA No.757/2022 & 42 Ors. .. Respondents. .. Applicant. .. Respondents. 5 OA No.757/2022 & 42 Ors. O0.A.763/2022 Mrs.Dipali Y. Sonawane, W/o Yogesh Sonawane,. R/at Flat No.4, Chitraban Society, Lavte Nagar, Jaibhavani Road, Nasik -- 422 101. ~ , Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, - Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region ITT Campus, Powal, Mumbai -- 400 076, 3. The Principal, Kendriya Vidyalaya, ISP Nasik Road ~ 422 101. 4. The Principal, Kendriya Vidyalaya, Shivamogga, Karnataka -- 577 201. . .. Respondents. ( By Advocate Dr.V.S. Masurkar ). O.A.764/2022 Mrs.Farath Kuwaise, W/o Kuwaise Hussain, R/at 791/7, Agarwal Colony, Bhawani Peth, Pune -- 411 042. . .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 6 OA No.757/2022 & 42 Ors. 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area,,. Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, - Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, DIAT Girinagar -- 411 025. 4, The Principal, Kendriya Vidyalaya, Chikodi, . Kamataka -- 591 201. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). O.A.763/2022 Mrs.Prerna Choudhari, -- W/o Umakant Thakre, R/at Flat No.5, 3" Floor Shubham Apartment, Shivram Nagar, Lane No.1, Pimple Gurav, . Pune -- 411 061. | . _ . Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region ITT Campus, Powai, Mumbai -- 400 076. OA No.757/2022 & 42 Os. 3... The Principal, Kendriya Vidyalaya, College of Military Engineering, Pune -- 411 031. 4, The Principal, Kendriya Vidyalaya, Chamrajanagar, Karnataka -- 571 313. ( By Advocate Dr.V.S. Masurkar ). O.A.766/2022 Smt.Jaspreet Kaur Chandiok, W/o Vijay Jashnani, R/at Flat No.504/A, Namrata Satellite Housing Society, Behind Hotel Govind Garden, Pimple Saudagar, Pune -- 411 027. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076, 3. The Principal, Kendriya Vidyalaya, CME Pune. 4. The Principal, © Kendriya Vidyalaya, Hubballi, Karnataka. ( By Advocate Dr.V.S. Masurkar ). .. Respondents. .. Applicant. .. Respondents. 8 OA No.757/2022 & 42 Ors. 0.A.767/2022 Mrs.Savita Patankar, Emp No.39158, R/at Flat No.204, 2"° Floor, Prerana Residency 1376/1394, Sadashiv Peth, Near Chimnya Ganpati, Pune -- 411 030. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, Range Hills Estate, Khadki, Pune -- 411 020. 4. The Principal, Kendriya Vidyalaya, Vasco-da-Gama No.1, Mangoor Hill, Goad -- 403 802. .. Respondents. ( By Advocate Dr. V.S. Masurkar ). O.A.768/2022 Mrs.Sudha Krishna, W/o Ajay Krishna, R/at Room No,15, K.V. Quarters K. V IIT Powai. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 9 OA No.757/2022 & 42 Ors. i. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region ITT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, IIT Powai -- 400 076. 4, The Principal, Kendriya Vidyalaya, 7 Hosapete -- 583 201. .. Respondents, ( By Advocate Dr.V.S. Masurkar ). 0.A.769/2022 Ms.Madhubala Prasad, D/o Radhe Mohan Prasad, R/at D-3/7, Staff Quarters, K.V. Southern Command Campus, Tarapore Road, . Pune -- 411 001. ae .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016, 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region ITT Campus, Powai, Mumbai -- 400 076, 10 3. The Principal, Kendriya Vidyalaya, Army Area, Pune -- 411 040. 4, The Principal, Kendriya Vidyalaya, Shivamogga -- 577 201. ( By Advocate Dr.V.S. Masurkar ). O.A.770/2022 Mrs.Anjana Mishra, W/o Shri Anil Mishra, R/at 8/10 Type Mf Rangehills Estate, Khadki, Pune -- 411 020. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IT Campus, Powai, Mumbai -- 400 076. 3. -- The Principal, Kendriya Vidyalaya, Rangehills Estate, Khadki, Pune -- 411 020. 4. The Principal, OA No.757/2022 & 42 Ors. .. Respondents. ~ .. Applicant. Kendriya Vidyalaya, Vasco-De-Gama No.I, Mangor Hill, Goa ~ 403 802. ( By Advocate Dr. V.S. Masurkar ). .. Respondents. il OA No.757/2022 & 42 Ors. O.A.772/2022 Mrs.Sushma Rishi Dev Rai, W/o Rishi Dev, R/at Flat No.2, Plot no.10, Ashrav Niwas, Adke Nagar, Deviali Camp ~ 422 401. . Applicant. ( By Advocate Shri P.J. Prasadrae )o Versus ol. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, No.I Devlali Nasik -- 422 214. 4, The Principal, Kendriya Vidyalaya, Raichur, a . | Karnataka -- 584 101. | . Respondents." ( By Advocate Dr.V.S. Masurkar ). : O.A.775/2022 Mrs. Anita Sanjay Sarwade, W/o Sanjay Gopinath Sarwade, Trained Graduate Teacher, Group "C" Post, in Kendriya Vidyalaya Mankhurd, Nausena Baugh, Opp. Narmadeshwar Temple, Near Mandala, Mankhurd, Mumbai -- 400 088 and residing at : Flat No.203, Atlantis CHS, Plot No.32/32(A), Sector-34C, Kharghar, Navi Mumbai -- 410 210, State of Maharashtra. .. Applicant. ( By Advocate Shri R.G . Walia ). i200 OA No. 75 7/2022 & 42 Ors. Versus Union of India, through : Secretary, Ministry of Education, Department of School Education & Literacy, Government of India, B-15, Industrial Area, Sector 62, NOIDA (U.P.) 201 309. Kendriya Vidyalaya Sangathan (HQ), Through : Chairman An Autonomous Body Under Ministry of Education, Government of India, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. Kendriya Vidyalaya Mankhurd, Through : Principal, Nausena Baugh, Opp. Narmadeshwar Temple, Near Mandala, Mankhurd, Mumbai -- 400 088. Mr.Naresh Kumar, Principal, Kendriya Vidyalaya Mankhurd, . Nausena Baugh, Opp. Narmadeshwar Temple, Near Mandala, Mankhurd, Mumbai ~ 400 088. --_.. Respondents. ( By Advocate Dr.V.S. Masurkar ). O.A.808/2022 Rekha Sanjeev Sharma, W/o Sanjeev Sharma, Primary Teacher, Group "C" Post under Principal, Group "C" Post, in Kendriya Vidyalaya Mankhurd, Nausena Baugh, Opp. Narmadeshwar Temple, Near Mandala, Mankhurd, Mumbai ~ 400 088 and residing at : 24/284/Type-3A, RCF Colony, - Chembur, Mumbai -- 400 074, State of Maharashtra. . .. Applicant. ( By Advocate Shri R.G .Walia ). Versus 13 OA No,757/2022 & 42 Ors. Union of India, through : Secretary, Ministry of Education, Department of School Education & Literacy, Government of India, B-15, Industrial Area, -- Sector 62, NOIDA (U.P.) 201 309. Kendriya Vidyalaya Sangathan (HQ), Through : Chairman An Autonomous Body Under Ministry of Education, Government of India, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. Kendriya Vidyalaya Mankhurd, Through : Principal, Nausena Baugh, Opp. Narmadeshwar Temple, Near Mandala, Mankhurd, . Mumbai -- 400 088. Mr.Naresh Kumar, Principal, Kendriya Vidyalaya Mankhurd, Nausena Baugh, Opp. Narmadeshwar Temple, Near Mandala, Mankhurd, Mumbai'--400 088. _ (By Advocate Dr.V.S. Masurkar ). - Q.A.809/2022 Pallavi Nandkishor Gajbhiye, Primary Teacher (PRT) (Group "B" Post) under Principal in Kendriya Vidyalaya Sangathan, | Headquarters New Delhi and currently workign at K.V. Kamptee, Kendriya Vidyalaya School (KVS), R.O. Mumbai and residing at : Flat No.304, Royal Pearl Apartment, Suman Vihar, Bhilgaon, Nagpur -- 440 026. - State of Maharashtra. ( By Advocate Shri R.G .Walia ). Versus Union of India, through : .. Respondents. .. Applicant. 14 OA No.757/2022 & 42 Ors. Secretary, Ministry of Education, Department of School Education & Literacy, Government of India, B-15, Industrial Area, Sector 62, NOIDA (U.P.) 201 309, 2. . Kendriya Vidyalaya Sangathan (HQ), Through : Chairman An Autonomous Body Under Ministry of Education, Government of India, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 3. Kendriya Vidyalaya Kamptee, Through : Principal, Kendriya Vidyalaya Kamptee, Kendriya Vidyalaya S.M. Lines Kamptee, Cantonment Area, Distt.: Nagpur (Maharashtra) -- 441 001. . 4, Mr.Rahul P. Nitanware, The Principal, Kendriya Vidyalaya Kamptee, Kendriya Vidyalaya $.M. Lines Kamptee, Cantonment Area, Dist. Nagpur (Maharashtra) a Pin - 441 001, State: Maharashtra. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). O.A4.843/2022 Mrs.Rajashree M Ingale, W/o Deepak G Gaikwad R/at Type III/3, Staff Quarters, K.V. Army Area, Pune -- 411 040. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). 'Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 15 Od No.757/2022 & 42 Ors. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, - Army Area, Pune -- 411 040. 4. The Principal, Kendriya Vidyalaya, Channapatna, . Karnataka -- 573 116. | .. Respondents. ( By Advocate Dr.V.S. Masurkar ). O.A.845/2022 Mrs.Anita Kachru Jadhav, D/o Kachru Jadhav Réat $.No.135/34, Shree Park Society, Near Kharadi Bypass Chowk & Near Chate School, - Nagar Road, Pune -- 411 014. .. Applicant, ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi--110 016. . 2, Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, 'Mumbai -- 400 076. 3. The Principal, | | Kendriya Vidyalaya, No.9 BRD, Pune -- 411 014. 16 OA No.757/2022 & 42 Ors, 4. The Principal, Kendriya Vidyalaya, Davangere, Karnataka -- 577 002. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). 0.A.847/2022 Ms.Nirmala Pathare, W/o Dnyaneshwar Pathare, R/at Anand Upvan, Building No.1302, Morivali Pada, Ambernath (E) Mumbai. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, . Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region ITT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, . KV Ambernath, Mumbai -- 421 501. 4, The Principal, Kendriya Vidyalaya, Kodagu, Karnataka ~ 571 218. .. Respondents. (By Advocate Dr.V.S. Masurkar ). 0.A.848/2022 Ms.Kalpana Shursen Susladi, D/o Shursen Susladi - R/at Quarter No. Type U/3, 17 OA No.757/2022 & 42 Ors. Kendriya Vidyalaya Staff Quarters, Camp Area, Pune ~ 411 001. . .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, -- 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016, 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, Southern Command, Pune -- 411 001. 4. The Principal, Kendriya Vidyalaya, Cheennapatna, Karnataka -- 577 002. ___,., Respondents. ( By Advocate Dr.V.S. Masurkar ). 0.A.849/2022 Mrs.Rupali Arunrao Nagekar, W/o Shri Prasad Anil Bondre, R/at Plot No.132, Rajas Society, . Katraj, Pune -- 411 046. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, _ 18, Institutional Area, Shaheed Jeet Singh Marg, 18 OA No.737/2022 & 42 Ors. New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region ITT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, Southern Command, Pune -- 411 040. 4. The Principal, Kendriya Vidyalaya, Kodagu -- 571 235. . .. Respondents. ( By Advocate Dr.V.S. Masurkar ). 0.A.850/2022 Mrs.Sandhya Sharma, W/o Shri Ravindra P. Chadha R/at Fiat No.101 A-2 Building Phase I, Gangadham Housing Society, Lulla Nagar Read, Pune -- 411 037. . .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, . New Delhi ~ 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. 3. The Principal, ~ Kendriya Vidyalaya, . Southern Command, Pune -- 411 001. 19 ; OA No.757/2022 & 42 Ors. 4. The Principal, . Kendriya Vidyalaya, Chikodi, Karnataka. . .. Respondents. ( By Advocate Dr. V.S. Masurkar ). 0.A,851/2022 Mr.B.J. Berad, S/o Jagannath Berad, R/at Flat No.J 807, Sinhgad Road, Pune -- 411 041. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, _ Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. -- 3. The Principal, Kendriya Vidyalaya, Southern Command, Pune -- 411 041. 4. The Principal, Kendriya Vidyalaya, Mandya, : / Karnataka -- 571 401. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). 0.A.853/2022 Ms.Pratima R. Arudu, W/o Ramchandra Arudu, R/at 305, Viridi Villa, Opp IIT Bombay Maingate, 20 OA No.757/2022 & 42 Ors, Powai, Mumbai -- 400 076. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi ~ 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, KV ITT Powai, Mumbai -- 400 076. 4, The Principal, Kendriya Vidyalaya, Chennapatna, . Karnataka -- 562 160, . . . Respondents. ( By Advocate Dr. V.S. Masurkar ). Mr.Pralhad E Sangnale, S/o Eknath Sanganale, R/at ISP Nasik Road, | Nasik -- 422 101. . Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 21 OA No.757/2022 & 42 Ors. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya, ISP, Nasik ~ 422 101. 4. The Principal, Kendriya Vidyalaya, Kalburgi, Karnataka -- 585 102. .. Respondents. ( By Advocate Dr.V.S. Masurkar )- --O.A.911/2022 Mrs. Varsha Ajeet Ghatge, W/o Ajeet Ghatge, R/at Row House No.2, Lunkad Classic, Opp Archana Apartment, Vimannagar, | Pune -- 411 014. | .. Applicant. ( By Advocate Shri P.J. Prasadrao ). . Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, . Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya No.3, 9 BRD, Pune - 411 014. 22 OA No.757/2022 & 42 Ors. 4, The Principal, Kendriya Vidyalaya, Vasco-da-Gama No.1 Mangor Hills, Goa -- 403 802. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). O.A.912/2022 Smt.Smriti Amol Singh, W/o Amol Singh Thakur, | Employee Code : 38371 (TGT English) R/at "Abhinandan" Survey No.252/2/3A/1/1 Khese Park, | Lohgaon Road, Pune -- 411 032. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, | New Delhi ~ 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, - Mumbai Region ITT Campus, Powai, Mumbai ~ 400 076. 3. The Principal, Kendriya Vidyalaya No.3, 9 BRD, Pune -- 411014. -- 4, The Principal, Kendriya Vidyalaya, New Majart WCL, Maharashtra ~ 442 503. .. Respondents, ( By Advocate Dr.V.S. Masurkar ). O.A.918/2022 Mrs.Premlata Satyaveer Singh Nim, working as TGT (Trained Graduate Teacher) Hindi 23 OA No.757/2022 & 42 OFS. (Group "B" Post) in Kendriya Vidyalaya at Ajni - Nagar, Maharashtra and residing at : Flat No.202, Plot No.21, Lakshmi Prayag Apartment, Wanjari Nagar, Ajni -- Nagpur, Maharashtra -- 440 003. . Applicant. ( By Advocate Shri R.G .Walia ). Versus 1. Union of India, through : Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Government of India, U-2, Section, Shastri Bhawan, New Delhi -- 110 001. 2. Kendriya Vidyalaya Sangathan (HQ), Through : Chairman An Autonomous Body Under Ministry of Education, Government of India, 18, Institutional Area, Shaheed Jeet Singh Marg, _ New Delhi -- 110 016. 3. The Commissioner, Kendriya Vidyalaya Kamptee, 18, Institutional Area, Shaheed Jeet Singh Marg, Katwaria Sarai, New Delhi, Delhi -- 110 016. Email: [email protected] 4. Kendriya Vidyalaya Ajni, Through: Principal, _ Kendriya Vidyalaya Ajni, Near S.E.C.R. Railway Colony, Medical College Road, Ajni, Nagpur (Maharashtra) -- 440 003. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). 0.A.919/2022 Mrs.Aruna Prakash Taksande, working as TGT (Trained Graduate Teacher) Sanskrit (Group "B" Post) in Kendriya Vidyalaya, Ajni (Shift-1) Nagpur, and residing at : Plot No.24, Shakya, Near Rachana Mdhukosh | 24 OA No.757/2022 & 42 Ors, Apartment, Patil Layout, Bhamti, Nagpur, Maharashtra -- 440 022. .. Applicant. ( By Advocate Shri R.G . Walia ). Versus 1. Union of India, through : Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Government of India, U-2, Section, Shastri Bhawan, New Delhi -- 110 001. 2. Kendriya Vidyalaya Sangathan (HQ), Through : Chairman An Autonomous Body Under Ministry of Education, Government of India, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 3. The Commissioner, Kendriya Vidyalaya Kamptee, 18, Institutional Area, Shaheed Jeet Singh Marg, Katwaria Sarai, New Dethi, Delhi -- 110 016. Email: [email protected] 4, Kendriya Vidyalaya Ajni, Through: Principal, Kendriya Vidyalaya Ajni, Near S.E.C.R. Railway Colony, Medical College Road, Ajni, Nagpur (Maharashtra) ~ 440003. | Email id: [email protected] .. Respondents. ( By Advocate Dr.V.S, Masurkar ). 0.A.920/2022 Kishor Gulabrao Panchale, working as PGT (Post Graduate Teacher) Hindi (Group "B" Post) in Kendriya Vidyalaya at Vayusena Nagar, Nagpur, Maharashtra and residing at : Kendriya Vidyalaya Staff Quarter No:19, 25 OA No.735 7/2022 & 42 Ors. ; 'Vayusena Nagar, Nagpur ~ 440 007, Maharashtra. .. Applicant. ( By Advocate Shri R.G .Walia ). Versus 1. Union of India, through : Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Government of India, U-2, Section, Shastri Bhawan, New Delhi ~ 110 001. 2. Kendriya Vidyalaya Sangathan (HQ), Through : Chairman An Autonomous Body Under Ministry of Education, Government of India, . 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi - 110 016. 3. The Commissioner, Kendriya Vidyalaya Kamptee, 18, Institutional Area, Shaheed Jeet Singh Marg, Katwaria Sarai, New Delhi, - . Delhi -- 110 016. Email: [email protected] 4, Kendriya Vidyalaya Vayusena Nagpur, . | Through: Principal, . Kendriya Vidyalaya Vayusena Nagar, Seminary Hills Road, Near Botanical Garden, Vayusena Nagar, Nagpur, Maharashtra -- 440 003. Email id: [email protected] .. Respondents. ( By Advocate Dr.V.S. Masurkar ). O.A.921/2022 Mrs.Deepti Mithilesh Awasthi, working as TGT (Trained Graduate Teacher} Hindi (Group "B" Post) in Kendriya Vidyalaya at Vayusena Nagar, Nagpur and residing at : Plot No.62, Opp. Durga Mandir, 26 OA No.757/2022 & 42 Ors. P & T Colony, Rana Pratap Nagar, | | Nagpur, Maharashtra~ 440022. .. Applicant. ( By Advocate Shri R.G . Walia ). Versus 1. Union of India, through : Secretary, Ministry of Human Resource Development, Department of School Education & Literacy, Government of India, U-2, Section, Shastri Bhawan, New Delhi -- 110 001, | 2. Kendriya Vidyalaya Sangathan (HQ), Through : Chairman An Autonomous Body Under Ministry of Education, Government of India, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 3. The Commissioner, Kendriya Vidyalaya Kamptee, 18, Institutional Area, Shaheed Jeet Singh Marg, Katwaria Sarai, New Delhi, . Delhi -- 110 016. Email: [email protected] 4. Kendriya Vidyalaya Vayusena Nagar, Nagpur, Through: Principal, Kendriya Vidyalaya Vayusena Nagar, Nagpur (Maharashtra) 440 007. Email id: [email protected] .. Respondents, ( By Advocate Dr.V.S. Masurkar ). . 0.A.962/2022 Mrs.Kavita Kharge, W/o Suresh Kharge, R/at Srl.No.10/1, Opp. Indrayani Vihar, Mariya Udyan, Sant Nagar, Lohegaon, Wagholi Road, Pune -- 411 047. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). 27 OA No.757/2022 & 42 Ors. Versus l. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya No.1, AFS, Pune ~ 411 032. 4. The Principal, Kendriya Vidyalaya, Haveri, Karnataka -- 584 110. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). 0.A.963/2022 | Ms.Ujwala Patil, D/o Hanmant Rao Patil,, _ R/at Jai Jawan Nagar, Near Sri Krishna Mandir, oo - Yerwada, Pune -- 411 006. . .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, - Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, 28 - Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya No.1, AEFS, Pune -- 411 032. 4, The Principal, Kendriya Vidyalaya, Haveri, Karnataka -- 581 110. ( By Advocate Dr.V.S. Masurkar ). 0.A.964/2022 OA No.757/2022 & 42 Ors. Mts. Vidya Shevate, W/o Sanjay Shevate, R/at Lne No.5/1, Vimandarshan, © Sanjay Park, Airport Road, Pune -- 411 032. ( By Advocate Shri P.J. Prasadrao ). Versus 1. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya No.1, AFS, Pune --- 411 032. 4, The Principal, .. Respondents, .. Applicant. Kendriya Vidyalaya, Hutti, Dist -- Raichur, Karnataka -- 584 115. ( By Advocate Dr.V.S. Masurkar ). .. Respondents. 29. Q.A.995/2022 Mrs.Sangeeta Sinha, Emp no.~ 13250 W/o Praveen Kumar Sinha, . R/at Flat No.A-604, Radiant, Raheja Vihar, Post Office, Sakinaka, Mumbai -- 400 072. ( By Advocate Shri P.J. Prasadrao ). Versus - The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. The Principal, Kendriya Vidyalaya, IIT Powai -- 400 046. The Principal, _. Kendriya Vidyalaya, Karwar, - Karnataka -- 581 301. ( By Advocate Dr.V.S. Masurkar ). O.A.1002/2022 Mr.Shashank Tantak, S/o Anantrao Tantak, R/at Flat No.5, B-2, MLR. Pride, Dighi, Pune -- 411 015. ( By Advocate Shri P.J. Prasadrao ). Versus OA No.757/2022 & 42 Ors. -- . Applicant. .. Respondents. .. Applicant. 30 OA No.757/2022 & 42 Ors. 1, The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 2. Deputy Commissioner, ' Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. 3. The Principal, Kendriya Vidyalaya No.1, AFS, Pune ~ 411 032. 4. The Principal, Kendriya Vidyalaya, Udupi, . Karnataka ~ 576 104. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). 'O.A.1029/2022 Subhashini Singh, Working as PGT Chemistry, Kendriya Vidyalaya No.3, AFS 9Base Repairing Depot, Chandnagar, Pune -- 41] 014. R/at A-103, Eden Park, Viman Nagar, . Pune -- 411 014. _.. Applicant. ( By Advocate Ms.Priyanka Mehndiratta ). Versus 1. The Union of India, through, the Commisssioner, Ministry of Education, Kendriya Vidyalaya Sangathan (HQ), 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 31 OA No.757/2022 & 42 Ors, 2. The Assistant Commissioner (Estt.2/3), Ministry of Education, Kendriya Vidyalaya Sangathan (HQ), 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi ~ 110 016... 3. The Principal, Kendriya Vidyalaya No.3, AFS, 9Base Repairing Depot, Chandnagar, Pune ~ 411 014. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). 0.A.50/2023 Smt.Usha Gopal Neole, Working as TGT (Social Science) at Kendriya Vidyalaya, Ajni (Shift 1) Nagpur, R/at Flat No.208, Ratan Palace, Agaram Devi Road, Ganesh Peth, Mahatma Phule Bazar, Nagpur -- 440 018. .. Applicant. ( By Advocate Shri V.A. Nagrani ). Versus ~ 1. The Union of India, through, - Ministry of Education, Department of School Education and Literacy, 107 A-D, Shastri Bhawan, New Delhi -- 110 001. 2. The Chairman, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. 3. The Commissioner, Kendriya Vidyalaya Sanghtan, 18, Institutional Area, Shaheed Jeet Singh Road, New Delhi -- 110 016. 32 OA No.757/2022 & 42 Ors, 4. The Assistant Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Road, New Delhi -- 110 016, 5. The Principal, Kendriya Vidyalaya, Ajni (Shift 1), - Nagpur -- 440 003. | .. Respondents, ( By Advocate Dr.V.S. Masurkar ). 0.A.958/2022 Shalini Jha, Working as PGT (Economics), Kendriya Vidyalaya, MIRC, Sholapur Road, Darewdi, Ahmednagar -- 411 006. Residing at: E-15, 711, IVY Estate, Wagholi, Pune --~ 412 207. .. Applicant. . ( By Advocate Ms.Priyanka Mehndiratta ). . _ Versus 1. The Union of India, through, the Commisssioner, Ministry of Education, Kendriya Vidyalaya Sangathan (HO), 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016. . 2. The Assistant Commissioner (Estt.2/3), Ministry of Education, Kendriya Vidyalaya Sangathan (HQ), 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -- 110 016, 3. The Principal, Kendriya Vidyalaya, MIRC, Sholapur Road, Darewadi, Ahmednagar -- 411 006. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). 33 OA No.757/2022 & 42 Ors. O0.A.77/2023 Smt.Kavita Ludhani, W/o Omesh Ludhani R/at B 807, Majestique Euriska, Mohamadwadi, Pune -- 411 060. .. Applicant. ( By Advocate Shri P.J. Prasadrao ). Versus 1, The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shahid Jeet Singh Marg, New Delhi -- 110 016. a 2. Deputy Commissioner, Kendriya Vidyalaya Sangathan, Mumbai Region IIT Campus, Powai, Mumbai -- 400 076. | 3. The Principal, . Kendriya Vidyalaya, Army Area, ; Pune--411 040. oo .. Respondents. ( By Advocate Dr.V.S. Masurkar ). O.A.959/2022 Shri Avinash Vitthal Nagdeote, Working as PGT (Maths) at Kendriya Vidyalaya, Ordnance Factory, Ambazari, Nagpur, R/at Plot No.30, Dev Nagar, Beside Narmada Celebration Laun, Behind Guimohar Colony, Salunkhe Layout, Hudkeshwar Road, Nagpur -- 440 034. .. Applicant. ( By Advocate Shri V.A. Nagrani ). Versus -- 1. The Union of India, through, Ministry of Education, Department of School Education and Literacy 107 A-D, Shastri Bhawan, . New Delhi -- 110 001. 34 OA No. 7357/2022 & 42 Ors. 2. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shahid Jeet Singh Marg, New Delhi -- 110 016, 3. The Principal, Kendriya Vidyalaya, Ordnance Factory, . Ambazari, Nagpur. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). 0.A.960/2022 Smt.Shyamal Palwekar, Working as Primary Teacher at Kendriya Vidyalaya, Ordnance Factory, Ambazari, Nagpur, Residing at : Iris 006/10 Township, Amravati Road, Wadi, Nagpur -- 440 023. .. Applicant. ( By Advocate Shri V.A. Nagrani ). Versus 1. The Union of India, through, Ministry of Education, | Departmentof School Education and Literacy, 107 A-D, Shastri Bhawan, New Delhi -- 110 001. 2. The Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shahid Jeet Singh Marg, _ New Delhi -- 110 016. 3. The Assistant Commissioner, Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shahid Jeet Singh Marg, New Delhi -- 110 016. | 4. | The Principal, Kendriya Vidyalaya, Ordnance Factory, Ambazari, Nagpur. .. Respondents. ( By Advocate Dr.V.S. Masurkar ). | 35 'OA No.757/2022 & 42 Ors. ORDER Per : Justice M.G. Sewlikar, Member (J)
All these 43 applications are being - disposed of by common order as the issues involved in all these applications are common,
2. All these applicants are either Primary ~~ Teacher (PRT) or Trained Graduate Teacher (TGT) or Post Graduate Teacher (PGT). The applicants in OA Nos.757/2022, 9158/2022, 1760/2022, 1761/2022, 7162/2022, 1763/2022, _ 7164/2022, 7165/2022, 7166/2022, 1671/2022, 7168/2022, 1769/2022, 770/2022, 7172/2022, - 808 /2022, 3809/2022, 843/2022, 845/2022, -- 847/2022, g48/2022, 49/2022, 850/2022, "51/2022, -- 9953/2022, 911/2022, 962/2022, -963/2022, 964/2022, 995/2022, 1002/2022 and 960/2022° are the primary Teachers. In original "Application - Nos.775/2022, 855/2022, 9912/2022, 9198/2022, 919/2022, 921/2022, 1029/2022, 50/2023, _ 958/2022, 77/2023 are the TGTs. Applicants in
- Original Application Nos.920/2022 and 959/2022 are the PGTs.
36 OA No.757/2022 & 42 Ors.3, Ali these applicants are the teachers working under Kendriya Vidyalaya ~ Sangathan (KVS). |
4. For the decision of these OAs, OA No.757/2022 is taken as a leading case. It is the case of the applicant in OA No.757/2022 that at the time of the impugned order of transfer, she was working in Kendriya Vidyalaya -- ISP Nasik Road. By the order dated 16%"
September, 2022, she has been transferred to Kendriya Vidyalaya, Mandya, Karnataka "in the middle of the academic year. it is contended that 717 PRT have been transferred contrary to the transfer policy contained in. fiensfer ~ Guidelines 2021] for teachers upto PGTs. It is contended that the applicant was relieved immediately without allowing her to avail Joining time. No substitute has been provided in piace of the applicant.
5. The respondents filed their affidavit in reply and contended that all _ these.
applicants are the teachers and they are liable -
37 OA No.757/2022 & 42 Ors.to be transferred all over India. No allegations of malafides are made. -The --.
applicants have no vested right to be posted at particular places. No legal right is conferred on the applicant unless the order of transfer is shown to be vitiated by malafides or is made in violation of statutory rules. KVS is the best judge. to decide how to utilise. the services of its employees. . Personal inconvenience and hardship of an employee are .
not the considerations for interference in the transfer order by the Tribunal while exercising the power of judicial review. The reason for this transfer was that owing to. pandemic situation created due to covid - 19, there was disruption in normal. schooling in past -two ~-
years, with the result that there has been significant learning loss amongst students.
Many children faced difficulty with --
online/blended mode of teaching. Teaching- learning happens best in face to face mode. To address this challenge, rationlization of 38 OA No.757/2022 & 42 Ors. teachers and redistribution of the existing teaching staff have been effected so that at least 50% of the regular teaching staff are available in all KVS Schools. KVS has identified around 237 KVs having less than 508 of regular teaching staff on their rolls and about 481 KVs having 80% or more regular teaching staff on their rolls on. the basis of . available vacancies. The Station seniority was the prime consideration for effecting transfer. Most of the teachers who have completed more than 10 years of service ata particular. station have oeen transferred. Out of the total teaching staff of 36565, only 1455 transfers have been effected which Form" only 4% of the - total teaching staff strength,
6. The applicant in OA No.757/2022 has been working in Mumbai Region from the date of her appointment. it is contended | that - ordinarily and as far as possible, the husband and wife who are both employed should be posted at the same station even if their employers are 39 OA No, 757/2022 & 42 Ors.
different. However, this does not mean that their place of posting should be invariably one of their choices. The respondents have, therefore, prayed for dismissal of the applications.
7. | We have heard learned counsel Shri P.v. Prasadrao for the applicants in OA Nos.757/2022, 758/2022, 760/2022, 761/2022, 9462/2022, 7163/2022, -764/2022, = 765/2022, 1766/2022, 767/2022, 7168/2022, 7169/2022, 7110/2022, -772/2022, 43/2022, 345/2022, 3417/2022, 848/2022, 849/2022, -- 850/2022, 951/2022, 853/2022, 8585/2022, 91/2022, 912/2022, 962/2022, 963/2022, 9364/2022, 9995/2022, 1902/2022 & 77/2023, Shri R.G. Walia, learned counsel for the applicants .in OA _ Nos.775/2022, 808/2022, 8009/2022, 9918/2022, 919/2022, 920/2022 & 921/2022, Shri Vicky Nagrani, learned counsel for the applicants in OA Nos.50/2023, 9959/2022 & 3960/2022, Ms. Priyanka Mehndiratta, learned counsel for the applicants in OA Nos.1029/2022 and 958/2022 and | 40 OA No.757/2022 & 42 Ors. learned counsel Shri V.S. Masurkar in all these applications for all the respondents.
8, Learned counsels for the applicants contended that the mass transfers have been effected, that too mid term in violation of the transfer guidelines of 2021. The transfers were kept in abeyance for the academic session 2022- 2023 and this decision was intimated by displaying a notice. They contended that the transfers are of two types; first administrative transfers and second request transfers. They contended that the transfer policy defines administrative transfers. According to this policy, the. Kendriya Vidyalayas where teachers are in surplus, action should be taken to reduce such surplus to zero and the manner in which it is to be done has been specified in clause 7.1 of the policy. They contended that it is not the case of the respondents that any surplus was there in any of these Kendriya Vidyalayas. The so called rationalization and redistribution of 4] ~ . OA No.757/2022 & 42 Ors, the existing staffs has been necessitated because of non-filling of posts in all the KVs.
"These vacancies are there because Of this policy and for several years. The transfers were suspended for the academic session 2022- 2023, even then the applicants have been transferred that too at distances more. than | 1000 kms. from their present postings. This is.
a mid-term transfer and they have not -been given any joining time. They contended. that there are some teachers who have less than 3 years of service left and still they have been transferred to Kendriya Vidyalayas which are.
more than 1000 Kms away from the places mors present postings. The applicants made © 'the representations but they were not considered. Spouse convenience has not been considered. They contended that in some of the cases, the near and dear relatives of the teachers are suffering from multiple ailments like cancer, but such teachers have also been transferred.
Mid-term transfers cannot be made unless severe 42 OA No. 757/2922 & 42 Ors, me A aed & 42 Ors, administrative exigency has arisen, Reliance @) Kabita Sinha, Wife of Asim Sinha Vs Kendriya Vidyalaya Sangathan and Others, O4 Nos. 34 7/2022, Central (ti) TSR. Subramanian and Others Vs. Union of India and Others, (2013) 15 §CC.739 |
(iii) Chirnta Gond Vs. Union of India and Others in OA No.05 1/00624/2023 of Contral Administrative Tribunal, Patna Bench,
(iv) Bhagwati Rana Wo, Shyi Kalpendra Singh Vs, Kendriya Vidyalaya Sangathan and Others in OA No. 4206/2022, Central Administrative Tribunal Jodhpur Bench, Jodhpur . (Vv) Anjlesh, Mishra S/o Shri Manmohan Mishra Vs Union | of India and Others in Mise. Petition No. 1262 of 2023, Madhya Pradesh High Court transfers and have Permitted the Ceachers to File the applications Giving their Options for transfer.
43 OA No,757/2022 & 42 Ors.
9. Learned counsel for the respondents Shri Masurkar contended that transfer is a condition of service. No employee can claim to - be posted at a place of his choice. It is the employer who is the best judge to decide at which place the employees are to be posted. ° He contended that transfer orders should not be ordinarily interfered with in the absence of malafides or | violation of any | statutory provisions. Transfers have been effected for the purpose of rationalization of the existing teaching staffs and they have been posted at the places where there was a shortage of | teachers. No statutory rules have. been violated. The applicants have no vested right to be posted at particular places. He submitted that almost all the teachers have been working at their respective places from the dates of their appointments i.e. more than 10 years and in some cases. more than 25 years. Therefore, they cannot contend that the transfers are inconvenient or they have been transferred at 44 OA No.757/2022 & 42 Ors, places which are more than i000 kms away from their present places of posting. He |. placed reliance on the following case laws:-
(i) Lakshmi Yadav, S/o Shri Mahavir Yadav and Others in OA No.809/2022, Central Administrative Tribunal, 'Jabalpur Bench.
(ii) . Bhagwat Prasad S/o. Shriram Poswal, OA No.2262/2023 MA No.2612/2023, Central Administrative Tribunal, Principal } Bench, New Delhi (iii} AIR 1961 SC 221, State of Bihar Vs. Rani Sonabati Kumari.
(iv) Public Services Tribunal Bar Association Vs. State of U.P. and Another, 2003 (4) SCC 104.
(vy) Writ Petition (Lodging) No. 1636/2005, The State of Maharashtra Vs. Vinay Mohan Lal, Bombay High Court.
10. We have thoughtfully considered the submissions made by learned counsel for 'their _xcespective parties.
11. From the allegations in. the --
application, it is seen that almost all the .
applicants have been transferred to far off places from their present posting. In some cases, it ais more than 1000 Kms. away. These were a mid-term transfers, Tne applicants have made representations. The reasons given 45 OA No. 7357/2022 & 42 Ors. by them are that spouses of some of them. are working either in Central Government offices, State Government offices or in public undertakings, their children are studying in XI and XII classes, some have multiple ailments, and some of the employees will be retiring in the next three years. Learned counsel. Shri Walia in OA No.775/2022 has placed reliance on the case of Director of School Education, Madras and Others Vs. O. Karuppa Thevan and another,1996 GQ) SER 225 in whi ch the Supreme Court held thus:-
"2.The Tribunal has erred in law in holding that the respondent employee ought to have been 'heard before transfer. No law requires an employee to be heard before his transfer when the authorities make the transfer for the exigencies of administration. However, the learned counsel for the respondent, contended that in view of the fact that respondent's children are studying in school, the transfer should not have been effected during mid-academic term. Although there is no such rule, we are of the view that in -- effecting transfer, the. fact that the children of an employee are studying should be given due weight, if the exigencies of the service are not urgent. The learned counsel appearing for the appellant was unable to point out that there was such urgency in the present case that the employee could not have been accommodated till the end of the current academic _ year. We, therefore, while setting aside the impugned order of the Tribunal, direct that the appellant should not effect the transfer till the end of the current academic year The appeal is allowed accordingly with no order as to costs.' 46 OA No.757/2022 & 42 Ors.
12. The respondents could not point out the exigency of service demanded that the transfers on mass scale should be effected. Nothing has been pointed out as to how _ rationalization/distribution of staff has to be carried out while effecting transfers. Options were not called for from the teachers. |
13. Learned counsel for the respondents Shri Masurkar submitted that only 44 of the total strength of the teachers has been transferred. This cannot be called as a. mass transfer. We do not agree with his submissions, It would not have been a-mass transfer, if it had been cone at the start of the session. The respondents have transferred 1455 teachers mid- term on a large scale. No exigency is shown for effecting such mid-term transfers, that £00 on such a large scale. Mid-term transfers cause inconvenience not only to the teachers but students' welfare also suffers. It is true that management has the authority to effect mid-term transfers but there has to be administrative 47 OA No. 757/2022 & 42 OFS. exigency. According to the respondents, the rationalisation and distribution of staff had |. to be done on urgent basis. Nothing has been brought on record to show that this situation had arisen for the first time in the year 2022 and it had to be addressed instantaneously. On the contrary, contention of the applicants is that this situation had arisen because of non- filling of vacant posts since many years. The irresistible conclusion, therefore, is» that there was no urgency for effecting mass mic term transfers. The respondents could have done this at the start of the session.
14. Moreover, there 1s violation of transfer policy. The respondents have not -- explained as to why the policy of spouse convenience has not been followed. It is also not explained as to why these transfers were not made at the start of the session.
In the case of Kabita Sinha (Supra), the Ahmedabad Bench of this Tribunal has made following observations:-
48 OA No.757/2022 & 42 Ors."10. Having regard to the submission made by the learned counsel for the parties and material available on record it emerges that the annual transfer process of KVS has been suspended for the current academic session t.e., 2022-23, only and the current academic session is near to end. It is also important to mention that provisions of Para-6 of the transfer guidelines of 2021 have been not superseded and have been kept in abeyance. In our considered view the Board of Governance is the only competent body to revise the transfer guidelines whereas respondent failed to show any approval having been obtained by the Commissioner before keeping in abeyance the transfer guidelines. The effect and operation of the impugned transfer order qua the applicants have already been stayed by this Tribunal afier considering the facts of the case. Other Tribunals have also granted interim relief against other teachers affected by the impugned transfer order. It cannot be denied that respondents are the best judge. to decide administrative exigency regarding posting of the teaching staff' However, in the present case, we feel that while passing the impugned transfer order there is some violation of Transfer Policy, 2021 as also Government Order dated 30.09.2009 issued by Department of Personnel and Training.
Ll. The applicants have been posted far away from the posting place of their spouses who are either in Central Government or State Government or in Public Sector Undertakings. Non compliance of the policy regarding posting of husband and wife at the same place has also not been explained by the respondents in reasonable and appropriate manner. It is true that there may be scarcity of teaching staff at some of the places but such situation cannot be dealt with in a way where guidelines of the Government are violated. The principles of natural justice are always expected to be followed by all the departments of Government whereas in the present matter mass transfer to such a distant places in the mid of academic session have been effected without any prior notice as also without granting any Joining period.
i2. It is not appropriate to transfer the applicants without seeking from them option of posting as per the procedure in place. We are in agreement with the contentions of. the
15. 49 OA No.757/2022 & 42 OFS. learned counsel for the applicants that applicants who. are
- Primary School Teachers would not be able to teach the students at the new place of posting in the different local language of the students in south, It is true the applicants _have no vested right to remain posted at a particular place.
However, the KVS cannot overlook the inconvenience caused to: the teachers more so of ladies of primary school by transferring them in the mid-term. Mid-term transfer is not beneficial either to the students at both places and to the family members more particularly who are studying in secondary or higher secondary schools. National Education Policy also discards en masse transfer in the middle of the academic session.
13. In view of the above circumstances, we are of the view that if the impugned transfer order qua the applicants are not quashed, it will create more inconvenience to all the concerned than to serve the purpose behind effecting the impugned transfer. It will not be in the interest of the students for which the teachers are meant. As stated earlier the academic session is going to complete soon and status quo is already in existence regarding posting place of the present applicants. In the facts and circumstances of thé case discussed above, we set aside the transfer order dated 16.09.2022 qua the applicants. However, it is made clear that after completion of the current academic session, the respondents are at liberty to pass fresh transfer order in accordance with the latest transfer guidelines and Government Order as also principles of natural justice. "
In view of the above, we are also the opinion that the impugned orders need to struck down.
16. is Tn the case of Vinay Mohan Lal (supra), held that the transfer is an incidence service and court should not interfere with of be it of it 50 OA No.757/2022 & 42 Ors. unless it is arbitrary or visited by mala fide or has violated any prescribed norms. of principles governing the transfer.
i7. in the case of Lakshmi Yadav (supra), the orders of transfer have been maintained by Jabalpur Bench of this Tribunal. However, this order of Jabalpur Bench of this Tribunal has been set aside by Madhya Pradesh High Court in the case of Anjlesh Mishra (supra), therefore, this judgment cannot be of any help to the respondents. Thus there is violation of transfer policy. The respondents have "not explained as to why spouse convenience policy has not been followed. They have also not explained what was the exigency owing to which mid-term transfers,. that too on such a large scale -were required to be made. Personal convenience of the applicants is not a.matter of |. consideration if the - administrative exigencies demand the transfer of a Government servant. However, .administrative exigency has to be shown.51 OA No.737/2022 & 42 Ors,
18. In this view of the matter, we deem it appropriate to allow all the applications. and set aside the orders of transfer. In view of. this, orders of transfer are set aside. It is made clear that the respondents are at liberty tO pass cransfer orders after current academic session is over in accordance with the transfer guidelines. Pending MAs, if any, stand closed, --
No costs.
(Justice ''M.G. Sewlikar) Member (J) H/ma.
'Per: Dr. Bhagwan Sahai, Member (A) With respect to case laws relied upon by the applicants and respondents and reasons submitted by the respondents in support of the transfers, discussed in preceding part; my additional views and reasons are as follows:
(a). In their reply (Para 13) the | respondents have explained the reasons for the 52 OA No.7 57/2022 & 42 Ors. impugned order as disruption in normal schooling for past 2 years owing to 'pandemic Situation and learning loss among students and many children had difficulty with online or blind mode of teaching. The NAS 2021 data for Classes rr, V, j\VIIET and X also corroborated these difficulties. As per the Mental Health and Well- being of school students, 2022 report published by NCERT (Chapter relating to KVS), it has been stated that during Covid-19 Classes were taking place in online mode, So. 94% of the students participated in the survey reported facing difficulties in. learning contents through online mode. Teaching and learning happen best in face-to-face mode, hence need was felt to address on priority through administrative means the learning challenges being faced by students due to the pandemic.
(b) The respondents in their reply have further submitted that rationalization of teachers and redistribution of existing teaching staff have been effected to address 53 OA No.757/2022 & 42 Ors. the above core challenge of learning loss among students so that atleast 50% of regular teaching staff are available in all KVS5 Schools. The KVS has identified 237 KVs having less than 50% of regular teaching staff on their rolls and 481 KVs having 80% or more regular teaching staff on their rolls ali. over the country. Therefore, the criterion used for these transfers was the longest stay of a teacher at a station after joining there. Most of the transferred teachers have been staying at particular stations for more than 10 years and out of total teaching staff of 36565 in position, only 1455. transfers have been effected (about "4% of the total teaching strength in position).
(c) In addition to other caselaws, the respondents have also relied on Supreme Court decision in case of S.C. Saxena Vs. Union of India & Ors. Reported in (2006) 9 scc 583, in which it was. held that a Government servant cannot disobey a transfer order by not 54 OA No. 757/2022 & 42 Ors, reporting at the place of posting and go to a Court to ventilate his grievances, It is his duty to first: report for work where he jie transferred and then make a representation.
have joined in compliance of the transfer orders and thereafter have Filed the O.As but rest of the applicants did not join at the Places of their posting before challenging their transfers in these OAS. This amounts xo defiance of orders of the competent respondent authority.
{d) - However, from submissions of the respondents it ig not clear as to -
(4) the time when the report o¢ NAS, 2021. and NCERT, 2022 were received by. the Commissioner, Kvs;
(iL) whether all the Schools from where the teachers transferred by the impugned erders were having more -than 903 Strength of teachers on their rolls;
(iia) whether all the transferred teachers 55 OA No. 75 7/2022 & 42 Ors. were liable for transfer even during the normal transfers at the beginning of the academic session;
(iv) what were the criteria used for selecting schools for posting the transferred teachers;
(v) what was the criterion used for deciding timing of these mid-term cransfers of teachers i.e. in September, 2022; and ~ (vi) whether applications or representations submitted by some of the transferred teachers for choices of stations were considered as per Para 3(a), Para 6 and 10 of the guidelines of 2021.
(vii) The respondents have also not brought on record any specific decision of the KVS for exempting. the impugned transfers from the transfer guidelines, 2021. Thus the respondents have neither brought on record any specific decision for 'issuing the impugned transfer . orders as an exception' to the transfer guidelines, 2021 nor they have complied with 56 OA No.757/2022 & 42 Ors. those transfer guidelines,
(viii) Since annual transfers were suspended for the academic year 2022-23, before issuing the impugned mid-term transfer orders solely based on the length of service at particular school so that 20% strength of teachers is ensured in each Kendriya Vidyalaya School, the respondents did not issue any instructions for Creating awareness and sensitizing the teachers and Principals working under the KVS~ on findings of the NAS 2021 and NCERT report, 2022, Thus the above listed are serious deficiencies / lapses in issuing the impugned transfer orders, By now half of current academic -session igs also over. Therefore, carrying out the impugned transfer orders is otherwise also not advisable. Hence these orders need to be set aside, (Dr. Bhagwan Sahai) "
Member (A)