Central Administrative Tribunal - Jaipur
Suresh Kumar Saini vs Kvs on 6 November, 2023
1
OA No. 16/2023 and
connected matters
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
...
1. OA No. 16/2023 with MA No. 187/2023, MA No.
384/2023, MA No. 481/2023
2. OA No. 17/2023 with MA No. 385/2023
3. OA No. 18/2023 with MA No. 386/2023, MA No.
461/2023
4. OA 19/2023 with MA No. 188/2023, MA No.
390/2023,MA No. 483/2023
5. OA No. 24/2023 with MA No. 389/2023, MA No.
484/2023
6. OA No. 25/2023 with MA No. 388/2023, MA No.
482/2023
7. OA No. 26/2023 with MA No. 391/2023
8. OA No. 27/2023 with MA No. 392/2023, MA No.
458/2023
9. OA No. 28/2023 with MA No. 393/2023, MA No.
460/2023
10. OA No. 31/2023 with MA No. 394/2023
11. OA No. 34/2023 with MA No. 395/2023, MA No.
466/2023
12. OA No. 35/2023 With MA No. 396/2023
13. OA No. 36/2023 with MA No. 397/2023
14. OA No. 37/2023 with MA No. 398/2023, MA No.
486/2023
15. OA No. 38/2023 with MA No. 399/2023, MA No.
487/2023
16. OA No. 39/2023 with MA No. 400/2023
2
OA No. 16/2023 and
connected matters
17. OA No. 40/2023 with MA No. 401/2023
18. OA No. 41/2023 with MA No. 402/2023
19. OA No. 42/2023 with MA No. 403/2023
20. OA No. 43/2023 with MA No. 404/2023
21. OA No. 44/2023 with MA No. 171/2023, MA No.
405/2023, MA No. 477/2023
22. OA No. 45/2023 with MA No. 406/2023
23. OA No. 46/2023 with MA No. 407/2023
24. OA No. 48/2023 with MA No. 409/2023, MA No.
475/2023
25. OA No. 49/2023 with MA No. 410/20232, MA
No. 459/2023
26. OA No. 51/2023 with MA No. 412/2023, MA No.
521/2023
27. OA No. 53/2023 with MA No. 414/2023, MA No.
485/2023
28. OA No. 54/2023 with MA No. 415/2023, MA No.
479/2023
29. OA No. 55/2023 with MA No. 416/2023, MA No.
467/2023
30. OA No. 56/2023 with MA No. 417/2023, MA No.
469/2023
31. OA No. 57/2023 with MA No. 418/2023, MA No.
470/2023
32. OA No. 58/2023 with MA No. 419/2023, MA No.
468/2023
33. OA No. 59/2023 with MA No. 420/2023
3
OA No. 16/2023 and
connected matters
34. OA No. 61/2023 with MA No. 421/2023, MA No.
498/2023
35. OA No. 62/2023 with MA No. 422/2023, MA No.
471/2023
36. OA No. 67/2023 with MA No. 424/2023
37. OA No. 157/2023 with MA No. 425/2023
38. OA No. 52/2023 with MA No. 413/2023,
497/2023
Order reserved on : 26.10.2023
Date of order: 06.11.2023
CORAM:
HON'BLE MS. RANJANA SHAHI, MEMBER (J)
HON'BLE SHRI LOK RANJAN, MEMBER (A)
OA No. 16/2023
Mukki Meena W/o Shri Bhoor Singh Meena aged about
45 years, R/o 135, Rang Mahal, Bharat Vihar, Jamdoli,
Agra Road, Jaipur, Presently posted on the post of
PGT Hindi at K V No. 1, Jaipur. (M- 9462023400)
Group-B Services.
Email [email protected].
....Applicant
(By Adv: Shri B.K Jatti)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner, 18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016.
4
OA No. 16/2023 and
connected matters
2. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan (R.O.), 92, Gandhi Nagar Marg, Bajaj
Nagar, Jaipur-302016.
3. The Principal, KV No. 1, Bajaj Nagar, Jaipur-
302015.
...Respondents.
(By Adv: Shri Hawa Singh)
OA No. 17/2023
Neelam Jangir w/o Mahesh Jangir, aged about 37
years, r/o B-109, Tirupati, Nilay Apartment, Sikar
Road, Harmada, Akhepura, Jaipur. Presently posted on
the post of PRT, Kendriya Vidyalaya-2, Jaipur. Group-
C.
Mob. No. 9887080328
Email [email protected]
....Applicant
(By Adv: Shri B.K Jatti)
Versus
1. The Commissioner, Kendriya Vidhyalaya
Sanghatan, 18, Institutional Area, Shaheed Jeet
Singh Marg, New Delhi-110016.
2. Assistant Commissioner (Estt.2/3), Kendriya
Vidyalaya Sanghatan, 18, Institutional Area,
Shaheed Jeet Singh Marg, New Delhi-110016.
3. Principal, Kendriya Vidyalaya No.2, Post Office
Jhotwara, Army Area, Jaipur, Rajasthan 302012
5
OA No. 16/2023 and
connected matters
...Respondents.
(By Adv: Shri Hawa Singh)
OA No. 18/2023
Anil Kumar, S/o Shri Janwat Singh Yadavm, age about
47 years, R/o Type 4/39, CSWRI-KV, Avikanagar,
Malpura, Tonk-304501, presently holding post of PGT
at KV, Avikanagar, Tonk-304501 (Mobile No.
9462653010) Group-A, Email Id-
[email protected]
......Applicant
(By Adv:Shri Vinod Goyal)
Versus
1. Union of India through Commissioner
Kendriya Vidyalaya Sangathan (HQ), An
Autonomou Body under Ministry of Education,
Government of India, 18, Institutional area,
Shaheed Jeet Singh Marg, New Delhi-110016.
2. The Assistant Commissioner (Establishment-
2/3) Kendriya Sangathan (HQ), An Autonomous
body under Ministry of Education, Government
of India, 18, Institutional area, Shaheed Jeet
Singh Marg, New Delhi-110006.
3. The Deputy Commissioner,Kendriya Vidyalaya
Sangathan, Regional office, Bajaj Nagar, Jaipur-
302004.
4. The Principal, Kendriya Vidyalaya School, KV,
Avikanagar, Tonk-304501
6
OA No. 16/2023 and
connected matters
...Respondents.
(By Adv: Shri Hawa Singh)
OA No. 19/2023
Rajesh Gupta S/o Shri Girraj Prasad Gupta aged about
48 years, R/o B-32, Officer's Colony, Kanakpura, Sirsi
Road, Jaipur, Presently posted on the post of PGT
Physics at KV No. 2, Jaipur. (M-7976105584) Group-B
Services. Email [email protected].
....Applicant
(By Adv: Ms. Kavita Bhati)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan (R.O.), 92, Gandhi Nagar Marg, Bajaj
Nagar, Jaipur-302016.
3. The Principal, KV No.2, Jhotwara, Jaipur-302012.
....Respondents
(By Adv: Hawa Singh)
OA No. 24/2023
Prem Singh Shekhawat S/o Shri Amar Singh
Shekhawat aged about 44 years, R/o Jodhpur House,
Civil Lines, Alwar. Presently posted on the post of PGT
Mathematics at K V No. 1, Alwar. (M-9950099990)
Group-B Services.
Email [email protected].
7
OA No. 16/2023 and
connected matters
....Applicant
(By Adv: Ms. Kavita Bhati)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan (R.O.), 92, Gandhi Nagar Marg, Bajaj
Nagar, Jaipur-302016.
3. The Principal, KV No.1, Moti Doongri, Alwar-
301001.
....Respondents
(By Adv: Hawa Singh)
OA No. 25/2023
Kamal Kumar Meena S/o Shri Ram Bilas Meena aged
about 47 years, R/o P-66, Awadhpuri-I, Mahesh
Nagar, Jaipur. Presently posted on the post of PGT
Chemistry at K V No. 5, Jaipur. (M-9460592386)
Group-B Services. Email ID-kkmeena9874@gmail.
com.
....Applicant
(By Adv: Ms. Kavita Bhati)
Versus
8
OA No. 16/2023 and
connected matters
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan (R.O.), 92, Gandhi Nagar Marg, Bajaj
Nagar, Jaipur-302016.
3. The Principal, KV No.5, Shipra Path, Mansarover,
Jaipur-302020.
....Respondents
(By Adv: Hawa Singh)
OA No. 26/2023
Kanchan Pathak W/o Shri Manish Pathak aged about
41 years, R/o Hindoun City, Karauli, Presently posted
on the post of PRT at K V Karauli. (M-9461336962)
Group-B Services.
Email [email protected].
....Applicant
(By Adv: Ms. Kavita Bhati)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan (R.O.), 92, Gandhi Nagar Marg, Bajaj
Nagar, Jaipur-302016.
9
OA No. 16/2023 and
connected matters
3. The Principal, KV, Karauli, Gangapur Road,
Karauli-322241.
....Respondents
(By Adv: Shri Hawa Singh)
OA No. 27/2023
Sarita Janu W/o Shri Ashok Singh, aged about 37
years, R/o A-190, Mangalam Sez Road, Ajmer Road,
Jaipur-302026. Presently holding post of TGT Sanskrit
at KV No. 3, Jhalana, Jaipur-302017. (M-
9782327840) Group-B Services.
Email ID-saritajanu20@gmail. com.
....Applicant
(By Adv: Shri Vinod Goyal)
Versus
1. Union of India through Commissioner Kendriya
Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan (HQ ) An
Autonomos Body under Ministry of Education,
Governement of India, 18, Institutional area,
Shaheed Jeet Singh Marg, New Delhi-110006
3. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan, Regional office, Bajaj Nagar, Jaipur-
302004
10
OA No. 16/2023 and
connected matters
4. The Principal, Kendriya Vidyalaya No. 3, KVS,
Jhalana Doongri, Jaipur-302017
....Respondents
(By Adv: Hawa Singh)
OA No. 28/2023
Shikha Garg W/o Shri Arvind Kumar Agrawal, aged
about 41 years, R/o C-323A, Mahesh Nagar, Jaipur-
302015 (Raj.). Presently holding post of TGT, SOST,
at KV No 3 (Group-C) , Jhalana, Jaipur. (M-
7597585226). Email ID-samridigarg@gmail. com.
....Applicant
(By Adv: Mr. Vinod Goyal )
Versus
1. Union of India through Commissioner Kendriya
Vidyalaya Sangathan (HQ ), An Autonomos
Body under Ministry of Education, Governement
of India, 18, Institutional Area, Shaheed Jeet
Singh Marg, New Delhi- 110016
2. The Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan (HQ ) An
Autonomos Body under Ministry of Education,
Governement of India, 18, Institutional area,
Shaheed Jeet Singh Marg, New Delhi-110006
3. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan, Regional office, Bajaj Nagar, Jaipur-
302004
4. The Principal, Kendriya Vidyalaya No. 3, KVS,
Jhalana Doongri, Jaipur-302004
11
OA No. 16/2023 and
connected matters
....Respondents
(By Adv: Hawa Singh)
OA No. 31/2023
Kavita Ghaveri W/o Shri Dinesh Lakhan aged about 42
years, R/o Kisan Colony, Dwarka Nagar, Gali No. 2
Chaurasiyavas Road, Vaishali Nagar, Ajmer,
Rajasthan, presently posted on the post of PRT at K.V
No. 1, Ajmer. (M-9351654229) Group-B Services.
Email [email protected].
....Applicant
(By Adv: Mr. Nehpal Yogi)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Assistant Commissioner (Establishment-2/3)
18, Institutional area, Shaheed Jeet Singh Marg,
New Delhi-110006
3. The Principal, KV No.1, CRPF, GC 1, Golf Course
Road, Ajmer, Rajasthan Pin No.-305007
....Respondents
(By Adv: Hawa Singh)
OA No. 34/2023
12
OA No. 16/2023 and
connected matters
Archana Meena W/o Dr. Budhi Prakash Meena, aged
about 46 years, resident 4/1A, Ayuwan Singh Nagar,
Maharani Farm, Durgapura, Jaipur and presently
working as Primary Teacher at KV No. 3, Jhalana
Dungari, Jaipur, Group-B Mob No. 9414796974, Email
ID:- [email protected]
....Applicant
(By Adv: Shri K.K. Sharma)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110006
3. Deputy Commissioner, Kendriya Vidyalaya
Sangthan (Regional Office), 92, Gandhi Nagar
Marg, Bajaj Nagar, Jaipur-302015.
4. Principal, Kendriya Vidyalaya No.3, Jhalana
Dungari, Jaipur (Raj).
....Respondents
(By Adv: Hawa Singh)
13
OA No. 16/2023 and
connected matters
OA No. 35/2023
Arti Dhawal D/o Prakash Kumar Dhawal, aged about
37 years, resident plot No. 73, Gali No. 8, Tanaji
Nagar, Ajmer and presently working as Primary
Teacher at KV No.1, Ajmer, Group-B, Mob No.
9414991902, Email ID: [email protected]
....Applicant
(By Adv: Mr. K.K Sharma)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110006
3. Deputy Commissioner, Kendriya Vidyalaya
Sangthan (Regional Office), 92, Gandhi Nagar
Marg, Bajaj Nagar, Jaipur-302015.
4. Principal, Kendriya Vidyalaya No.1, Ajmer (Raj).
....Respondents
(By Adv: Hawa Singh)
14
OA No. 16/2023 and
connected matters
OA No. 36/2023
Mrs. Madhu Moyal w/o Shri Pukh Raj Chhinpa, aged
about 41 years, r/o Khatiyoin Ka Mohalla, Tara Nagar,
Ward No. 2, District Churu. Presently posted as
TGT(Sci), Kendriya Vidyalaya No.1, Ajmer. Group C,
Mobile No. 99299903606, Mail ID
[email protected]
....Applicant
(By Adv: Shri B.K Jatti)
Versus
1. The Commissioner, Kendriya Vidyalaya
Sangathan through the Commissioner,18,
Institutional Area, Shaheed Jeet Singh Marg, New
Delhi 110016
2. The Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan, 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110006
3. Principal, Kendriya Vidyalaya No. 1, CRPF, GC-1,
Golf Course Road, Ajmer-305007.
....Respondents
(By Adv: Hawa Singh)
15
OA No. 16/2023 and
connected matters
OA No. 37/2023
Keerti Sharma W/o Shri Umakant Sharma aged about
37 years, R/o Shiv Colony, Baran, Presently posted on
the post of PRT at K V Baran. (M-6378752814)
Group-B Services. Email ID- [email protected].
....Applicant
(By Adv: Ms. Kavita Bhati)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Assistant Commissioner (Establishment-2/3)
18, Institutional area, Shaheed Jeet Singh Marg,
New Delhi-110006
3. Principal, KV Baran, Kota Road, Baran,
Rajasthan-325205.
....Respondents
(By Adv: Hawa Singh)
OA No. 38/2023
Chiterrekha Sanwariya W/o Shri Mukesh Kumar
Tanwar aged about 40 years, R/o A-1, 59, Hida ki
Mori, Ramganj, Jaipur, Presently posted on the post of
TGT Sanskrit at K V No. 2, Jaipur. (M-7891732514)
Group-B Services. Email [email protected].
....Applicant
(By Adv: Ms. Kavita Bhati)
16
OA No. 16/2023 and
connected matters
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Deputy Commissioner, Kendriya Vidyalaya
Sangthan (R.O.), 92, Gandhi Nagar Marg, Bajaj
Nagar, Jaipur-302015.
3. Principal, K V No. 2, Jhotwara, Jaipur-302012.
....Respondents
(By Adv: Hawa Singh)
OA No. 39/2023
Shri Yogesh Kumar Kaushik s/o Shri Murari Lal
Kaushik, aged about 42 years, r/o C-2, Staff Quarters,
KV No. 1, Moti Doongri Road, Alwar, Presently posted
on the post of TGT Sanskrit at KV No. 1, Alwar.
Group-B, Email [email protected],
Mob No. 8949877415.
....Applicant
(By Adv: Ms. Kavita Bhati)
Versus
1. The Commisssioner, Kendriya Vidyalaya
Sangathan through the Commissioner,18,
Institutional Area, Shaheed Jeet Singh Marg, New
Delhi 110016
17
OA No. 16/2023 and
connected matters
2. Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110006
3. Principal, Kendriya Vidyalaya No. 1, Near Indira
Gandhi Stadium, Scheme No. 5, Mangal Vihar,
Moti Doongri, Alwar, Rajasthan 301001
....Respondents
(By Adv: Hawa Singh)
OA No. 40/2023
Nand Kishore s/o Shri Murari Lal, aged about 55
years, r/o C-7, Ambedkar Nagar, Alwar (Raj),
presently posted on the post of TGT English at KV No.
1 Alwar. Group-B, Email I [email protected].
Mob No. 9414514974
....Applicant
(By Adv: Mr. B.K Jatti)
Versus
1. The Commisssioner,Kendriya Vidyalaya
Sangathan through the Commissioner,18,
Institutional Area, Shaheed Jeet Singh Marg, New
Delhi 110016
2. Assistant Commissioner (Estt-2/3) Kendriya
Vidyalaya 18, Institutional area, Shaheed Jeet
Singh Marg, New Delhi-110006
18
OA No. 16/2023 and
connected matters
3. Principal, Kendriya Vidyalaya No. 1, Near Indira
Gandhi Stadium, Scheme No 5, Mangal Vihar,
Moti Doongri, Alwar, Rajasthan 301001
....Respondents
(By Adv: Hawa Singh)
OA No. 41/2023
Sunita Kumari w/o Hawa Singh Jakhar, aged about 43
years, r/o Nai Dhani, Norangpura, Jhunjhunu,
Rajasthan , presently posted on the post of PRT,
Kendriya Vidyalaya, Sikar.
Email [email protected] Mobile No.
9982913918, Group-B
....Applicant
(By Adv: Mr. B.K Jatti)
Versus
1. The Commisssioner,Kendriya Vidyalaya
Sangathan through the Commissioner,18,
Institutional Area, Shaheed Jeet Singh Marg, New
Delhi 110016
2. The Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110006
3. Principal, Kendriya Vidyalaya NH No. 11,
Sabalpura, Sikar, Rajasthan 332001
....Respondents
(By Adv: Hawa Singh)
19
OA No. 16/2023 and
connected matters
OA No. 42/2023
Brij Lata Sharma w/o Shri Mukesh Kumar Sharma,
aged about 51 years, r/o House No. 554, Scheme No.
2 Paani ki Tanki ke Paas, Lajpat Nagar, Alwar,
Rajasthan, presently posted on the post of TGT Maths
at K V No. 1, Alwar. (M- 9214366450) Group-B
Services. Email I D
[email protected]@gmail.com
....Applicant
(By Adv: Mr. B.K Jatti)
Versus
1. The Commisssioner, Kendriya Vidyalaya
Sangathan through the Commissioner,18,
Institutional Area, Shaheed Jeet Singh Marg, New
Delhi 110016
2. Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110006
3. Principal, Kendriya Vidyalaya No. 1, Near Indira
Gandhi Stadium, Scheme No 5, Mangal Vihar,
Moti Doongri, Alwar, Rajasthan 301001
....Respondents
(By Adv: Hawa Singh)
OA No. 43/2023
Mamta Yadav w/o Vijay Singh, r/o Holi Wala Mohalla,
Manchal, Machal, Alwar, Rajasthan-301701, Presently
posted on the post of PRT, Kendriya Vidyalaya-1,
20
OA No. 16/2023 and
connected matters
Alwar, Group-C. Mob No. 946192725, Email ID-
[email protected].
....Applicant
(By Adv: Mr. B.K Jatti)
Versus
1. The Commisssioner,Kendriya Vidyalaya
Sangathan through the Commissioner,18,
Institutional Area, Shaheed Jeet Singh Marg, New
Delhi 110016
2. Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110006
3. Principal, Kendriya Vidyalaya No. 1, Mangal
Vihar, Moti Doongri, Alwar, Rajasthan 301001
....Respondents
(By Adv: Hawa Singh)
OA No. 44/2023
Shashi Meena w/o Shri Prem Chand Meena aged about
54 years, R/o 11, Riddhi Siddhi Enclave, Jagatpura,
Jaipur-302017 (Raj) transferred from the post of PRT,
Kendriya Vidyalaya No. 6, Sector-3. Pratap Nagar,
Jaipur-302033 Group-C, Mob -9414041402, Email
:[email protected].
....Applicant
(By Adv: Mr. Anupam Agarwal)
Versus
21
OA No. 16/2023 and
connected matters
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Asstt. Commissioner (Estt.2/3) Kendriya
Vidyalaya Sangathan 18, Institutional area,
Shaheed Jeet Singh Marg, New Delhi-110006
3. Deputy Commissioner, Kendriya Vidyalaya
Sangthan (Regional Office), 92, Gandhi Nagar
Marg, Bajaj Nagar, Jaipur-302015.
4. Principal, Kendriya Vidyalaya No.6, Sector-3,
Pratap Nagar, Jaipur-302033
....Respondents
(By Adv: Hawa Singh)
OA No. 45/2023
Suresh Kumar Saini s/o Shri Bhagwan Sahay Saini,
aged about 47 years, r/o Ward No. 30, Badi Kothi,
Shivaji Road, Saini Vihar Chomu, Sikar, Presently
posted on the post of PRT, Kendriya Vidyalaya,
Sikar(Raj) Group-C, Email ID-
[email protected]. Mob No. 7737357988
....Applicant
(By Adv: Mr.B.K Jatti)
Versus
1. The Commisssioner, Kendriya Vidyalaya
Sangathan, 18, Institutional Area, Shaheed Jeet
Singh Marg, New Delhi 110016
22
OA No. 16/2023 and
connected matters
2. Assistant Commissioner (Estt.2/3) Kendriya
Vidyalaya Sangathan 18, Institutional area,
Shaheed Jeet Singh Marg, New Delhi-110016
3. Principal, Kendriya Vidyalaya Sikar, NH No. 11,
Sabalpura, Sikar, Rajasthan 332001
....Respondents
(By Adv: Hawa Singh)
OA No. 46/2023
RENUKA SHARMA Wife of Shri Rahul Sharma, aged
about 42 years, Resident of B- 224, NTPC, Anta,
distrit- Baran-325209 (Raj) & presently working as
PGT (physics), Kendriya Vidyalaya, Anta - 325209
(Rajasthan) (under transfer to KV, Wellington,
Tamilnadu) Group -B, M -9413244433, Email;
[email protected].
....Applicant
(By Adv: Shri Amit Mathur, Shri Vipul Diwakar)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
Through its Commissioner
2. Joint Commissioner (Admn-1)
Kendriya Vidyalaya Sangathan (HQ ) , 18,
Institutional area, Shaheed Jeet Singh Marg, New
Delhi-110006
23
OA No. 16/2023 and
connected matters
3. The Assistant Commissioner (Estt.2/3)
Kendriya Vidyalaya Sangathan (HQ ) 18,
Institutional area, Shaheed Jeet Singh Marg, New
Delhi-110006
....Respondents
(By Adv: Hawa Singh)
OA No. 48/2023
Shweta Thakkar W/o Shri Sumit Kalra, aged about 42
years, R/o 95 Mauji Colony, Malvya Nagar, Jaipur-
302017, presently holding post of PRT at KV No. 1
Bajaj Nagar, Jaipur-302015 ( Mobile No. 9460107920)
Group-C Post Email I [email protected]
....Applicant
(By Adv: Mr. Vinod Goyal )
Versus
1. Union of India through Commissioner
Kendriya Vidyalaya Sangathan (HQ ), An
Autonomos Body under Ministry of Education,
Governement of India, 18, Institutional Area,
Shaheed Jeet Singh Marg, New Delhi- 110016
2. The Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan (HQ ) An
Autonomos Body under Ministry of Education,
Governement of India, 18, Institutional area,
Shaheed Jeet Singh Marg, New Delhi-110006
3. The Deputy Commissioner,
Kendriya Vidyalaya Sangathan, Regional office,
Bajaj Nagar, Jaipur-302004
4. The Principal,
24
OA No. 16/2023 and
connected matters
Kendriya Vidyalaya School, KV No. 1, Bajaj
Nagar, Jaipur-302015
....Respondents
(By Adv: Hawa Singh)
OA No. 49/2023
Mahesh Kumar Gupta S/o Shri Harak Chand Gupta,
age about 51 years, R/o 165-A, Jawahar Colony,
Jhalawar, Rajasthan-326001, presently holding post of
PGT (math) at KV, Jhalawar-326001, (Mobile No.
9413009001) Group-A, Email Id-
[email protected]
....Applicant
(By Adv: Mr. Vinod Goyal )
Versus
1. Union of India through Commissioner
Kendriya Vidyalaya Sangathan (HQ ), An
Autonomos Body under Ministry of Education,
Governement of India, 18, Institutional Area,
Shaheed Jeet Singh Marg, New Delhi- 110016
2. The Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan (HQ ) An
Autonomos Body under Ministry of Education,
Governement of India, 18, Institutional area,
Shaheed Jeet Singh Marg, New Delhi-110006
3. The Deputy Commissioner,
Kendriya Vidyalaya Sangathan, Regional office,
Bajaj Nagar, Jaipur-302015
4. The Principal,
Kendriya Vidyalaya, KVS, Jhalawar-
326001(Rajasthan)
....Respondents
25
OA No. 16/2023 and
connected matters
(By Adv: Hawa Singh)
OA No. 51/2023
Rashmi Dubey W/o Shri Rakesh Dubey aged about 57
years, R/o 70, Parshvnathpuram, Kunhadi, Boondi
Road, Kota, presently posted on the post of PRT at KV
No. 1, Kota. (M-8005776682) Group-B Services. Email
[email protected].
....Applicant
(By Adv: Ms. Kavita Bhati)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan (R.O), 92, Gandhi Nagar Marg, Bajaj
Nagar, Jaipur-302016
3. The Principal, KV No. 1, Station Main Road,
Dadwara, Kota, Rajasthan-324002.
....Respondents
(By Adv: Hawa Singh)
OA No. 52/2023
Pankaj Agarwal W/o Shri Arvind Kumar Agarwal aged
about 57 years, R/o 4, Geeta Colony, Agra Road,
Bharatpur, presently posted on the post of PGT at KV
Bharatpur (M- 9462119539) Group-B Services. Email
[email protected].
....Applicant
(By Adv: Ms. Kavita Bhati)
26
OA No. 16/2023 and
connected matters
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan (R.O), 92, Gandhi Nagar Marg, Bajaj
Nagar, Jaipur-302016.
3. Principal, KV Bharatpur, Surajmal Nagar,
Bharatpur-321001.
....Respondents
(By Adv: Hawa Singh)
OA No. 53/2023
Sameer Saxena S/o Shri Suresh Chandra Saxena aged
about 52 years, R/o 5D17, Mahaveer Nagar Extension,
Near Subhash Circle Kota, Rajasthan, Presently posted
on the post of PGT Maths at KV No. 1, Kota. (M-
7014859206) Group-B Services. Email ID-
[email protected].
....Applicant
(By Adv: Ms. Kavita Bhati)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan (R.O), 92, Gandhi Nagar Marg, Bajaj
Nagar, Jaipur-302016.
27
OA No. 16/2023 and
connected matters
3. The Principal, KV No. 1, Station Main Road,
Dadwara, Kota, Rajasthan-324002.
....Respondents
(By Adv: Hawa Singh)
OA No. 54/2023
Shally Rana W/o Shri Karan veer Singh Hada aged
about 36 years, R/o B1-704, Mahalaxmi Enclave,
Baran Road, Kota Rajasthan, presently posted on the
post of PRT at KV no. 1, Kota. (M-8107362005)
Group-B Services. Email ID-
[email protected].
....Applicant
(By Adv: Ms. Kavita Bhati)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Deputy Commissioner, Kendriya Vidyalaya
Sangathan (R.O), 92, Gandhi Nagar Marg, Bajaj
Nagar, Jaipur-302016.
3. The Principal, KV No. 1, Station Main Road,
Dadwara, Kota, Rajasthan-324002.
....Respondents
(By Adv: Hawa Singh)
OA No. 55/2023
28
OA No. 16/2023 and
connected matters
Mrs. Rashmi Maharania wife of Akshya Nagar, aged
about 37 years, 154 Mahaveer Nagar-I, Tonk Road,
Jaipur and presently working as TGT, Social Studies at
KV No. 3, Jhalana Dungari, Jaipur, Group-B Mob No.
9982563055, Email ID-
[email protected].
....Applicant
(By Adv: Mr. K.K Sharma)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110016
3. Deputy Commissioner, Kendriya Vidyalaya
Sangthan (Regional Office), 92, Gandhi Nagar
Marg, Bajaj Nagar, Jaipur-302015.
4. Principal, Kendriya Vidyalaya No. 3, Jhalana
Dungari, Jaipur (Raj).
....Respondents
(By Adv: Hawa Singh)
OA No. 56/2023
Anis Ahmed Khan S/o Shri A G Khan aged about 47
years, R/o 52 B Mahant Colony, Near Khatipura
Flyover, Jaipur, Presently posted on the post of TGT
29
OA No. 16/2023 and
connected matters
English KV No. 5, Jaipur. (M-9414603983) Group-B
Services. Email ID- [email protected].
....Applicant
(By Adv: Mr. K.K Sharma)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110016
3. Deputy Commissioner, Kendriya Vidyalaya
Sangthan (Regional Office), 92, Gandhi Nagar
Marg, Bajaj Nagar, Jaipur-302015.
4. Principal, Kendriya Vidyalaya No. 5 Ist Shift,
Jaipur.
....Respondents
(By Adv: Hawa Singh)
OA No. 57/2023
Hari Shankar Bharti son of Ram Sevak Bharti, aged
about 48 years, resident Shiv Colony 2, Krishi Vigyan
Kendra ke pass, Ward No. 19, Anta Baran, Rajasthan
and presently working as PRT at KV, NTPC, Anta
AGPP, Baran, Rajasthan Group-B Mob No.
30
OA No. 16/2023 and
connected matters
9413440629, Email ID:
[email protected].
....Applicant
(By Adv: Mr. K.K Sharma)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110016
3. Deputy Commissioner, Kendriya Vidyalaya
Sangthan (Regional Office), 92, Gandhi Nagar
Marg, Bajaj Nagar, Jaipur-302015.
4. Principal, Kendriya Vidyalaya, NTPC, Anta, AGPP,
Baran (Raj) 325205
....Respondents
(By Adv: Hawa Singh)
OA No. 58/2023
Deshraj Bairwa Son of Prabhu Dayal Bairwa, aged
about 44 years, resident VPO Garhi Sawai Ram
Bairwa Mohalla, Tehsil Rajgarh, District Alwar,
Rajasthan and presently residing at S2, Plot No. 62,
Shiv Vihar A Colony, Mangyawas, Mansarovar, Jaipur
31
OA No. 16/2023 and
connected matters
working as PRT at KV, Nasirabad, Group-B Mob No.
8233239644, Email ID: [email protected].
....Applicant
(By Adv: Mr. K.K Sharma)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110016
3. Deputy Commissioner, Kendriya Vidyalaya
Sangthan (Regional Office), 92, Gandhi Nagar
Marg, Bajaj Nagar, Jaipur-302015.
4. Principal, Kendriya Vidyalaya, Nasirabad
(Raj).305601
....Respondents
(By Adv: Hawa Singh)
OA No. 59/2023
Heera Lal Meena Son of Sultan Meena, aged about 36
years, resident Muhana Muhalla, Village Kharana ,
post Khawa Raniji, Jaipur, Rajasthan and presently
32
OA No. 16/2023 and
connected matters
working as PRT at KV, Nasirabad, Group-B Mob No.
9461189074, Email ID: [email protected]
....Applicant
(By Adv: Mr. K.K Sharma)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110016
3. Deputy Commissioner, Kendriya Vidyalaya
Sangthan (Regional Office), 92, Gandhi Nagar
Marg, Bajaj Nagar, Jaipur-302015.
4. Principal, Kendriya Vidyalaya, Nasirabad
(Raj).305601
....Respondents
(By Adv: Hawa Singh)
OA No. 61/2023
Varsha Meena W/o Shri Krishna Kumar Meena aged
about 43 years, R/o 48, RAS Colony, Jagatpura,
Jaipur, presently posted on the post of PRT at K V No.
33
OA No. 16/2023 and
connected matters
3, Jaipur. (M. 9887117038) Group-B Services. Email
[email protected]
....Applicant
(By Adv: Ms. Kavita Bhati)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. Assistant Commissioner (Estt.2/3) 18,
Institutional area, Shaheed Jeet Singh Marg, New
Delhi-110016
3. Principal, KV No. 3, NH-8, Bypass Road, Jhalana
Doongri, Opp/RTI, Jaipur, Rajasthan Pin No.
302004
....Respondents
(By Adv: Hawa Singh)
OA No. 62/2023
Sushil Bhawaria son of Shri Sitaram, aged about 37
years, resident of Gomawal, Post Sihodi, District Sikar
(Raj) Pin code 332719 presently posted on the post of
TGT Biology at KV No. 2, Group-B Jaipur.
Mob No. 7877152673 Email ID
[email protected]
....Applicant
(By Adv: Mr. K.K Sharma)
Versus
34
OA No. 16/2023 and
connected matters
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110016
3. Deputy Commissioner, Kendriya Vidyalaya
Sangthan (Regional Office), 92, Gandhi Nagar
Marg, Bajaj Nagar, Jaipur-302015
4. Principal, Kendriya Vidyalaya No.2 Cantt. Jaipur
(Raj).302012
....Respondents
(By Adv: Hawa Singh)
OA No. 67/2023
Yogeeta w/o Sunil Kumar, aged about 47 years, r/o
286, Phase-II, Huda, Narnaul (Haryana), presently
residing at Khetri Nagar, Jhunjhunu. Presently working
on the post of PRT, Kendriya Vidyalaya Khetri Nagar,
Jhunjhunu. Group-B Mob No. 9729792971, Email ID:
[email protected].
....Applicant
(By Adv: Mr.B.K Jatti)
Versus
1. The Commissioner, Kendriya Vidyalaya
Sangathan through the Commissioner,18,
35
OA No. 16/2023 and
connected matters
Institutional Area, Shaheed Jeet Singh Marg, New
Delhi 110016
2. Assistant Commissioner (Estt.2/3) Kendriya
Vidyalaya Sangathan 18, Institutional area,
Shaheed Jeet Singh Marg, New Delhi-110016
3. Principal, Kendriya Vidyalaya Khetri Nagar
Jhunjhunu (Raj).333504
....Respondents
(By Adv: Mr. Hawa Singh)
OA No. 157/2023
Ram Niwas Jat S/o Shri Khainya Ram, aged about 41
years, resident plot No. 15 Saraswati Marg, Defence
Colony Foy Sagar Road Ajmer 305005 and presently
working as PRT at KV No. 2, Ajmer, Group-B, Mob No.
9982318114, Email ID: [email protected]
In the subject of transfer matter.
....Applicant
(By Adv: Mr. K.K Sharma)
Versus
1. Kendriya Vidyalaya Sangathan through the
Commissioner,18, Institutional Area, Shaheed
Jeet Singh Marg, New Delhi 110016
2. The Assistant Commissioner (Establishment-2/3)
Kendriya Vidyalaya Sangathan 18, Institutional
area, Shaheed Jeet Singh Marg, New Delhi-
110016
36
OA No. 16/2023 and
connected matters
3. Deputy Commissioner, Kendriya Vidyalaya
Sangthan (Regional Office), 92, Gandhi Nagar
Marg, Bajaj Nagar, Jaipur-302015.
4. Principal, Kendriya Vidyalaya No.2 Ajmer
(Raj).305005
....Respondents
(By Adv: Mr. Hawa Singh)
ORDER
Per : Ms. Ranjana Shahi, Member (J)
At the request of learned counsels for the parties, aforesaid Original Applications are taken up together for disposal as common question of law and facts is involved in all the aforesaid cases. The cause of action arose when vide orders dated 12.09.2022, 13.09.2022 and 16.09.2022 issued by Kendriya Vidyalaya Sangathan (hereinafter KVS) Headquarter a large number of teachers were transferred to different places across the country. The entire exercise of transfer and the decision of transfer originated from yet another notice dated 12.09.2022 issued by KVS Headquarter wherein with the approval of the competent authority the annual transfer of KVS was suspended for the academic session 2022-2023. 37
OA No. 16/2023 and connected matters Further only administrative transfers were to be effected for the purpose of distribution and rationalization of the teaching staff, all the provisions given in para-6 of the transfer guidelines 2021 were kept in abeyance. The applicant's claim that the respondents could not make transfer in violation of transfer policy-2021. The second ground taken by the applicant during the argument was that most of the transfers have been made from northern region to southern region. In different Original Applications, some of the grounds which have been taken by the respective applicants is that their children are in mid academic session and other grounds like minor children, spouse posted at different stations and other personal reasons of the applicants.
2. On the other hand, the learned counsels for the respondents states that the applicant held pan India transferable posts as such are liable to be posted anywhere in India and they have no vested right to remain at one place or other of their choice. The learned counsel for the respondents emphasized that the transfer made pursuant to transfer order dated 12.09.2022 is not whimsical or arbitrary because it is 38 OA No. 16/2023 and connected matters well thought-out decision taken by the respondents as the existing transfer guidelines of the KVS started with the objective that "KVS shall strive to maintain equitable distribution of its employees across all locations to ensure efficient functioning of the organization and optimize job satisfaction amongst employees. All the employees are liable to be transferred anywhere in India at any point of time and transfer to a desired location can't be claimed as a matter of right. While effecting transfers, the organizational interest shall be given uppermost consideration and that the problems and constrains of employee shall remain subservient." Shri Hawa Singh, learned counsel for the respondents pointed out that the respondents have identified around 237 KVS having less than 50% of regular teaching staff on its rolls and about 481 KVS having 80% or more regular teaching staff on its rolls in all over India on the basis of available vacancies. He further states that the station seniority which indicates who has the longest stay in a station, as per date of joining at the station was taken as the criteria for transfer. Most of the teachers who have been transferred have had a stay in a particular station for more than 10 years. Out of 39 OA No. 16/2023 and connected matters the total teaching staffs of 36565 in position, only 1155 have been effected which is only around 4% of the total teaching strength in position.
3. Learned counsel for the respondents placed reliance upon a number of judgement, Rajendra Singh Vs. State of Uttar Pradesh (2009) 15 SCC
178. The Hon'ble Apex Court reiterated in the judgement as under:
"8. A Government Servant has no vested right to remain posted at a place of his choice nor can he insist that he must be posted at one place or the other. He is liable to be transferred in the administrative exigencies from one place to the other. Transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific indication to the contrary. No Government can function if the Government Servant insists that once appointed or posted in a particular place or position, he should continue in such place or position as long as he desires [see State of U.P. v. Gobardhan Lal; (2004) 11 SCC 402]."
4. Learned counsel for the respondents also stated that the Hon'ble Apex Court in N.K. Singh Versus Union of India & Ors. [(1994) 6 SCC 1998)] have reiterated that the scope of judicial review in matters of transfer of a Government Servant to an equivalent post without adverse consequence on the service of 40 OA No. 16/2023 and connected matters career prospects is very limited being confined only to the grounds of mala fides or violation of any specific provision.
5. Learned counsel for the respondents has also placed reliance on judgment in O.A. No. 608/2023 of the Principal Bench of this Bench titled Smt. Jaya Purwar Vs. KVS & Ors. on the same issue challenging the same order dated 12.09.2022 as the present bunch of cases wherein the Hon'ble Principal Bench has dismissed the Original Application in the light of the jdugement of Hon'ble Apex Court and stated that:
"Moreover, the Apex Court in series of judgements like Gujarat Electricity Board Vs Atmaram Sungomal Poshani (Supra), Union of India Vs S.L. Abbas (supra),Public Services Tribunal Bar ...
Vs State Of U.P. & Another(Supra), State of UP &Ors Vs Govardhan Lal (supra),Airport Authority of India Vs Rajeev Ratan Pandey and Ors (supra), Rajendra Singh &Ors Vs State of Uttar Pradesh & Ors (Supra) , State Of Haryana &Ors Vs Kashmir Singh &Ors (supra), Punjab and Sind Bank & Ors. Vs. Durgesh Kuwar (supra), Union of India and Others Vs. Ganesh Dass Singh (supra), has given upper hand to the administrative authorities or the Government in matters of Transfers. In all those judgments, the Apex Court held that the Public Interest is paramount in such administrative exercises and there is very 41 OA No. 16/2023 and connected matters limited scope for judicial review in the matters of transfer. As it has been held in the other set of judgments cited in paragarph 34 above, unless there is malafide, bias, infringement of statutory provisions, lack of competency, non- application of mind, etc, the courts and tribunals should not interfere in the administrative decision in respect of transfers. In the instant case, as we have already discussed above, we do not find any such bias or non-application of mind in the present case.
39. As regards the personal hardship of the applicant is concerned, we agree that the Apex Court in State of MP and Ors. Vs S.S. Kourav & Ors [CA No. 1285 of 1995 decided 19.1.1995] held that the administrative Authority is best judge to consider such hardships and take appropriate decision keeping balance between personal hardship of employee and public interest. The apex court in this judgment held that : "It is further contended that in an unfortunate situation the respondent's wife committed suicide leaving three children and he would suffer extreme hardship if he has to work in the tribal area. This court cannot go into that question of relative hardship. It would be for the administration to consider the facts of the given case and mitigate the real hardship in the interest of good and efficient administration. If there is any such hardship, it would be open to make a representation to the government and it is for the government to consider and take appropriate decision in that behalf." The respondents have considered the personal and family circumstances of the applicant and passed a reasoned and speaking order. 42
OA No. 16/2023 and connected matters In view of this, I find no reason to interfere in respect of the impugned orders."
6. On the other hand, learned counsel for the applicant have produced a copy of the judgement dated 19.10.2023 passed by the Hon'ble High Court of Madhya Pradesh at Jabalpur in MP No. 5185/2023 titled Neena Khatri Vs. KVS & others on the same cause of action. Petitioners therein were also aggrieved by the same orders dated 12.09.2022, 13.09.2022 and 16.09.2022 as in the present bunch of cases. They were also transferred by the same order. The Hon'ble High Court dealt with at length, the contentions of the respondents that they undertook the exercise of rationalization and distribution through the impugned order dated 12.09.2023 with the objective to fill-up the vacancies in those Kendriya Vidyalayas situated all over the country where staff incumbency was less than 50%. The exercise of the rationalization and redistribution was initiated in view of the stalemate arising out of interim orders passed in a bunch of petitions pending in different High Courts and thereafter in the Apex Court where NCTE notification extending priority to B.Ed. qualification for appointment of Teachers over 43 OA No. 16/2023 and connected matters Diploma in Elementary Education, was under
challenge and the said controversy stood decided by quashing the notification of NCTE in the case of Devesh Sharma Vs. Union of India & Others reported in 2023 SCC Online SC 985 by the Hon'ble Apex Court.
7. The Hon'ble High Court held that KVS was compelled to initiate the process of this exercise (rationalization and redistribution) in view of non holding fresh recruitments in different categories of post of Teachers which in turn was inter alia due to stalemate created by pendency of litigation before various High Courts assailing the notification of NCTE.
It is further observed that decision by the Hon'ble Apex Court in Devesh Sharma (supra) was rendered on 11.08.2023 whereafter KVS has commenced the process of recruitment by direct appointment/ promotion in different cadres of Teachers in KVS.
8. The Hon'ble High Court further went on to say that the instant case is not of transfer but predominantly of rationalization and redistribution and therefore judicial scrutiny of the same cannot deal 44 OA No. 16/2023 and connected matters 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. While allowing the petitions the Hon'ble High Court gave the directions as below:
"(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 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 45 OA No. 16/2023 and connected matters 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."
9. It is pertinent to mention that while allowing the the petition to the above extent only of quashing the impugned order of transfer passed on 12.09.2022, 13.09.2022 & 16.09.2022 their Lordships have specifically observed that:
"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."
10. In view of the above, the Original Applications are allowed and impugned orders of transfer of the 46 OA No. 16/2023 and connected matters applicants dated 12.09.2022, 13.09.2022 and 16.09.2022 are set aside.
11. However, it is made clear that the transfers resulting from the orders dated 12.09.2022, 13.09.2022 and 16.09.2022 to effect rationalization and redistribution are only being struck down, which will not affect the right of the competent authority to make transfers otherwise.
12. In view of the aforesaid observations, all the aforesaid Original Applications are hereby allowed accordingly.
13. In view of the order passed in Original Applications, pending Misc. Application(s), if any, are also disposed of.
14. No order as to costs.
(Lok Ranjan) (Ranjana Shahi) Member (A) Member (J) !Vv