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Central Administrative Tribunal - Delhi

Chhaya Shukla vs Kvs on 30 September, 2022

Central Administrative Tribunal
Principal Bench, New Delhi

O.A. No. 2622/2022
M.A. No. 2674/2022
M.A. No. 2675/2022
M.A. No. 2931/2022

This the 30th day of September, 2022

Hon'ble Mrs. Pratima K. Gupta, Member (J)

1.	Mrs. Chhaya Shukla, Aged- 54 Years,

W/o Dr. Ravi Kant

Working as TGT (Biology) in K.V. Sector-5, 

Dwarka, New Delhi,

R/o Flat No.C-3, RZB 67, IInd Floor, Mahavir

Enclave, New Delhi-110045



2.	Ms. Reena Rani, Aged- 47 Years,

D/o Late Sh. N.R. Singal,

Working as TGT (Math) in K.V. Sector-5,

Dwarka, New Delhi

R/o A/124, Sanjay Enclave, Uttam Nagar,

New Delhi



3.	Mrs. Rachana Chauhan, Aged- 45 Years,

W/o Sh. Brijesh Kumar,

Working as TGT (Social Science) in K.V. No.1, Delhi Cantt.

R/o T-3/15, Staff Quarters K.V. No.1,

Delhi Cantt.-110010



4.	Ms. Pinky Rani, Aged- 36 Years,

D/o Sh. Rajveer Singh,

Working as TGT (Math) in K.V. Sec-5, Dwarka I Shift

R/o C-103, Rajasthan Apartment, Plot No.36,

Sector-4, Dwarka, New Delhi.



5.	Mrs. Kalindi Kushwaha, Aged- 41 Years,

W/o Sh. Madhu Sudan Kumar,

Working as TGT (Math) in K.V. Janakpuri, New Delhi

R/o RZ-235/294, Geetanjali Park, Lane No.4,

West Sagarpur, New Delhi



6.	Mrs. Alpana Bhardwaj, Aged- 46 Years,

W/o Sh. Sandeep Thakur,

Working as TGT (Math) in K.V. Janakpuri, New Delhi

R/o C-3/ 324, S.F. Janakpuri, New Delhi-110058



7.	Mrs. Geeta, Aged- 40 Years,

W/o Sh. Dharmender Kumar,

Working as TGT (Biology) in K.V. Sector-8,

R.K. Puram, New Delhi

R/o A-124, Top Floor, Lane No.5, Block-A,

Vasant Kunj Enclave, New Delhi-110070



8.	Mrs. Sunita Meena, Aged- 40 Years,

W/o Sh. Rajeev Meena,

Working as TGT (Science) in K.V. Janakpuri, New Delhi

R/o RZE 65, East Dabri Extension, Gali No.6,

Dabri Extension, New Delhi



9.	Mrs. Pitambari Pal, Aged- 56 Years,

W/o Sh. B.S. Pal,

Working as TGT (Hindi) in KVS RO, Delhi

R/o Plot No.61, Gyan Khand-I, Indirapuram,

Ghaziabad (U.P.)



10.	Mrs. Pooja Saxena, Aged- 51 Years,

W/o Sh. Naveen Kumar Saxena,

Working as TGT (English) in KVS,

R/o Flat No.43, RehayashiAppartment, Pocket-7,

Sector-12, Dwarka, New Delhi-110078



11.	Mrs. Mona Guwalani, Aged- 52 Years,

W/o Mr. Vikas Guwalani,

Working as TGT (Math) in KVS

R/o E-201, Chitrakoot Apartment, Plot No.9,

Sector-22, Dwarka, New Delhi



12.	Mrs. Poonam Bajaj, Aged- 52 Years,

W/o Sh. Sarbjit Singh Bajaj,

Working as TGT (Hindi) in K.V. Janakpuri, New Delhi,

R/o F-84, Gali No.3A, Virender Nagar, 

New Delhi-110058



13.	Mrs. Anita Mehta, Aged- 54 Years,

W/o Mr. Pramod Kumar Sharma,

Working as TGT (Science) in K.V. No.1, Delhi Cantt.,

R/o N-41 (Extension), D.K. Road,

Uttam Nagar, New Delhi



14.	Mrs. Smita Srivastava, Aged- 52 Years,

W/o Mr. Rajesh Srivastava,

Working as TGT (English) in K.V. ViyanVihar

R/o A-2102, Apex TheFlorus, Sector-18,

Vasundhra, Ghaziabad (U.P.)-201012



...Applicants      

 (By Advocate: Mr. Yogesh Sharma)

Versus



1. Union of India through the Secretary,
Ministry of Education, Government of India,
New Delhi - 110001.

2. Kendriya Vidyalaya Sangathan,
Through the Commissioner,
18, Institutional Area,
Shaheed Jeet Singh Marg, New Delhi - 110016.

3. The Joint Commissioner, (Admin1)
Kendriya Vidyalaya Sangathan,
18, Institutional Area,
Shaheed Jeet Singh Marg, New Delhi - 110016.

	...Respondents
(By Advocate: Mr. S. Rajappa with Mr. R. Gowrishankar)	
 O R D E R (ORAL)

The present M.A. has been filed by the applicants seeking permission of this Tribunal to file the present O.A. jointly.

For the reasons given therein, the M.A. is allowed.

The applicants in the present O.A. are aggrieved by the transfer orders dated 13.09.2022 whereby they have been transferred as follows:-

S.No. Name Present Posting Transfer Place Mrs. Chhaya Shukla K V Sector -5, Dwarka, New Delhi K V Ootacamund HPF Ms. Reena Rani K. V. Sector -5, Dwarka, New Delhi K V Chamarajanagara Mrs. Rachana Chauhan K.V. No. 1, Delhi Cantt. K V Mahabubabad Ms. Pinky Rani KV Sector 5, Dwarka, Delhi KV CRPF AVADI Mrs. Kalindi Kushwaha K V Janakpuri, Delhi K V Haveri Mrs. Alpana Bhardwaj K V Janakpuri, Delhi K V HVF Avadi Mrs. Geeta K V Sector 8, R K Puram, Delhi K V Udumalpet Mrs. Sunita Meena K V Janakpuri, Delhi K V Perambalur (Tamil Nadu) Mrs. Pitambari Pal K V Vigyan Vihar Ist Shift K V Karimnagar Telangana Mrs. Pooja Saxena K V No. 1 Delhi Cantt K V Tiruchirapalli No. 1 Mrs. Mona Guwalani KV Chhawla K V Thiruvarur Mrs. Poonam Bajaj KV Janakpuri, Delhi K V Sundargarh Mrs. Anita Mehta KV No. 1 Delhi Cantt K V Mehbub Nagar Mrs. Smita Srivastava K V Vigyan Vihar Delhi K V Kendrapara

2. Learned counsel for the applicant submits that the respondents have a comprehensive transfer policy which was kept in abeyance vide order dated 12.09.2022 for the reasons best known to them. There have been mass transfers vide order dated 13.09.2022. He further submits that the same has been done while adopting a pick and choose policy.

3. On the other hand, learned counsel for the respondents vehemently opposes the same and submits that the applicants are liable for all India transfer. He further submits that this step has been taken by the respondents in view of the dearth of teachers in various schools of the country, as explained in the short reply and the impugned order. The transfers are for rationalization and distribution of teachers.

4. However, without going into the merits of the case and in view of the aforesaid facts and circumstances, this O.A. is disposed of with a direction to the applicants to espouse their claim before the respondents by way of a fresh detailed and comprehensive representation within a period of one week from the date of receipt of a copy of this order. On receipt of the representations, the respondents shall decide the same on merit in view of the annual transfer policy, after giving an opportunity of personal hearing to the applicants, by passing an appropriate reasoned and speaking order within a period of two months thereafter. The impugned transfer orders qua the applicants are stayed and the effect and operation of relieving orders, if any, issued in pursuance of the impugned transfer orders are also stayed for a period of two months. If the applicants have already been relieved the respondents shall allow them to join back immediately where they were posted prior to the issuance of the impugned transfer orders.

5. The O.A. is disposed of in the aforesaid terms. There shall be no order as to costs.

6. Pending M.A., if any, shall stand disposed of accordingly.

(Pratima K. Gupta) Member (J) /dd/ 1 Item No. 13 O.A. No. 2622/2022