Madhya Pradesh High Court
Kendriya Vidyalaya Sangathan (Kvs) vs Smt. Rajita Mishra on 22 November, 2022
Author: Sheel Nagu
Bench: Sheel Nagu, Virender Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SHEEL NAGU
&
HON'BLE SHRI JUSTICE VIRENDER SINGH
ON THE 22nd OF NOVEMBER, 2022
MISC. PETITION No. 5569 of 2022
BETWEEN:-
1. KENDRIYA VIDYALAYA SANGATHAN (KVS)
THROUGH ITS COMMISSIONER 18
INSTITUTIONAL AREA SHAHEED JEET SINGH
MARG NEW DELHI 16 (DELHI)
2. DEPUTY COMMISSIONER KENDRIYA
VIDYALAYA SANGATHAN BHOPAL REGION,
OPP. MAIDA MILLS, BHOPAL (MADHYA
PRADESH)
3. PRINCIPAL KENDRIYA VIDYALAYA NO. 3
(SECOND SHIFT) DANISH NAGAR BHOPAL
462026 (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI MANISH KUMAR VERMA - ADVOCATE)
AND
SMT. RAJITA MISHRA W/O SH. MANOJ
MISHRA, AGED ABOUT 51 YEARS,
OCCUPATION: WORKING AS T.G.T. (S.ST.)
KENDRIYA VIDYALAYA NO. 3 (SECOND SHIFT)
DANISH NAGR BHOPAL B 931 SECTOR 4 PARK
CITY BHOPAL (MADHYA PRADESH)
.....RESPONDENT
(NONE )
This petition coming on for admission. this day, JUSTICE SHEEL
NAGU passed the following:
ORDER
This common order shall govern disposal of following petitions:
M.P. No.5069/2022, M.P. No.4869/2022, M.P. No.4871/2022, M.P. Signature Not Verified Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 11/28/2022 3:06:53 PM 2 No.4873/2022, M.P. No.4874/2022, M.P. No.4876/2022, M.P. No.4877/2022, M.P. No.4879/2022, M.P. No.4883/2022, M.P. No.4905/2022, M.P. No.4909/2022, M.P. No.4915/2022, M.P. No.4917/2022, M.P. No.4925/2022, M.P. No.4927/2022, M.P. No.4929/2022, M.P. No.4930/2022, M.P. No.4935/2022, M.P. No.4942/2022, M.P. No.4945/2022, M.P. No.4946/2022, M.P. No.4947/2022, M.P. No.5028/2022, M.P. No.5030/2022, M.P. No.5031/2022, M.P. No.5032/2022, M.P. No.5033/2022, M.P. No.5035/2022, M.P. No.5042/2022, M.P. No.5048/2022, M.P. No.5049/2022, M.P. No.5050/2022, M.P. No.5052/2022, M.P. No.5053/2022, M.P. No.5054/2022, M.P. No.5058/2022, M.P. No.5061/2022, M.P. No.5065/2022, M.P. No.5067/2022, M.P. No.5068/2022, M.P. No.5072/2022, M.P. No.5078/2022, M.P. No.5138/2022, M.P. No.5142/2022, M.P. No.5143/2022, M.P. No.5144/2022, M.P. No.5156/2022, M.P. No.5158/2022, M.P. No.5432/2022, M.P. No.5434/2022, M.P. No.5435/2022, M.P. No.5438/2022, M.P. No.5444/2022, M.P. No.5446/2022, M.P. No.5447/2022, M.P. No.5448/2022, M.P. No.5449/2022, M.P. No.5470/2022, M.P. No.5471/2022, M.P. No.5472/2022, M.P. No.5473/2022, M.P. No.5474/2022, M.P. No.5475/2022, M.P. No.5477/2022, M.P. No.5478/2022, M.P. No.5479/2022, M.P. No.5484/2022, M.P. No.5485/2022, M.P. No.5486/2022, M.P. No.5487/2022, M.P. No.5488/2022, M.P. No.5531/2022, M.P. No.5533/2022, M.P. No.5534/2022, M.P. No.5535/2022, M.P. No.5537/2022, M.P. No.5540/2022, M.P. No.5542/2022, M.P. No.5544/2022, M.P. No.5546/2022, M.P. No.5547/2022, M.P. No.5548/2022, M.P. No.5567/2022, M.P. No.5568/2022, M.P. No.5569/2022, M.P. No.5570/2022, M.P. No.5571/2022, M.P. No.5572/2022, M.P. No.5573/2022, M.P. No.5575/2022, M.P. No.5577/2022, Signature Not Verified M.P. No.5613/2022, M.P. No.5614/2022, M.P. No.5615/2022, M.P. Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 11/28/2022 3:06:53 PM 3 No.5616/2022, M.P. No.5617/2022, M.P. No.5618/2022, M.P. No.5619/2022, M.P. No.5620/2022, M.P. No.5621/2022, M.P. No.5622/2022, M.P. No.5654/2022 & M.P. No.5656/2022.
2. Supervisory jurisdiction of this Court under Article 227 of the Constitution is invoked to assail legality and validity of interim order passed by Jabalpur Bench of Central Administrative Tribunal, Jabalpur (for brevity "Tribunal") on 20th September, 2022 in OA No.877/2022 and other connected OAs whereby status quo ante has been directed to be maintained in respect of impugned transfer till decision is taken by Chairman of the Tribunal in regard to constituting a Special Bench to hear all similar matters pending in different Benches of the Tribunal or until further order passed by Jabalpur Bench of the Tribunal.
3. Learned counsel for rival parties are heard on the question of admission so also final disposal.
4. Facts, in nutshell, are taken from M.P. No.5069/2022 which reveal that respondent-Teacher who substantively holds the post of Primary Teacher (PRT) and is posted at Kendriya Vidhyalaya, CMM, Jabalpur was transferred by order dated 16.09.2022 from Kendriya Vidyalaya, CMM, Jabalpur to Kendriya Vidhyalaya, Jayant Colliery, District Singrauli(M.P.). The reason shown for transfer was as follows:
"With the approval of the Competent Authority, the following teachers are hereby transferred from the KV mentioned in Column No.6 to the KV mentioned in Column No.9 on administrative ground, for the purpose of rationalization and redistribution of existing teaching staff, and in order to ensure that at least 50% of regular teaching staff are available in all KVs across the country."Signature Not Verified Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 11/28/2022 3:06:53 PM 4
4.1 Aggrieved by aforesaid transfer, respondent preferred OA No.877/2022 before Jabalpur Bench of the Tribunal. While taking cognizance of OA of the respondent, the impugned order of status quo ante was passed on 20.09.2022.
4.2 Pertinently, while passing the impugned order, the Tribunal was of the view that since number of OAs assailing similar orders of transfer of KVS Teachers by raising similar grounds, have been filed in different Benches of the Tribunal, it would be appropriate to refer the matter to Chairman of the Tribunal for constituting Special Bench to avoid conflicting views. 4.3 The Chairman of the Tribunal, however, declined the aforesaid request of constitution of Special Bench and requested Jabalpur Bench of the Tribunal to adjudicate each OA on their own merits in accordance with law. 4.4 A short reply to the OA was filed by the employer sometime on or around 11th of October, 2022 in the Tribunal.
4.5 Indisputably, the impugned interim order of status quo ante continues to hold the field till date.
4.6 Meanwhile, petitioner-Sangathan herein moved applications for vacating stay before the Tribunal and also filed these petitions before this Court. 4.7 OA No.877/2022 and all other similar OAs are pending adjudication before Jabalpur Bench of the Tribunal till date.
4.8 Learned counsel for petitioner-Sangathan attempted to argue on merits of tenability of the transfer order assailed in the Tribunal. This Court after hearing learned counsel for petitioner-Sangathan is of the view that any finding or decision on merits by this Court as regards legality and validity of the order Signature Not Verified of transfer, would not only prejudice the rights and liabilities of the rival parties Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 11/28/2022 3:06:53 PM 5 but can also prejudice the mind of the Tribunal. This Court thus refrains from entering into merits of the matter.
4.9 Consequently, this Court refraining from passing any order on merits deems it appropriate that the issue which is pending in shape of OA and the connected matters before the Tribunal, be adjudicated upon and decided by the Tribunal expeditiously.
5. Consequently, this Court disposes of these petitions in following terms:
(i) Petitioner-sangathan is directed to file before the Tribunal para-wise reply to OA No.877/2022 and all the OAs which have given rise to these bunch of MPs., latest by 28th of November, 2022;
(ii) Respondents (transferred Teachers) are thereafter afforded liberty to file rejoinder latest till 5th of December, 2022;
(iii) It is made clear that none of the rival parties shall be permitted to file any pleadings after the stage of filing of rejoinder without the leave of the Tribunal.
(iv) The Tribunal is requested to hear and dispose of OA No.877/2022 and also connected OAs on 14th of December, 2022 the date when it is informed that the OAs are already listed before the Tribunal.
(v) In case hearing is not completed on 14th December, the Tribunal is requested to hear all the OAs latest by 15th/16th December, 2022.
(vi) The Tribunal is further requested to conclude final hearing of OA No.877/2022 and all the other connected similar OAs latest by 16th of December, 2022 by fixing day-to-day hearing from 14th December, 2022;
(vii) We honestly hope and expect that the controversy in all the connected OAs, which have raised anxiety levels of hundreds of teachers is brought to its Signature Not Verified Signed by: YOGESH KUMAR SHIRVASTAVA Signing time: 11/28/2022 3:06:53 PM 6 logical end at the earliest by following the aforesaid timeline;
(viii) Before concluding, this Court at the cost of reiteration, makes it clear that this Court has not expressed any opinion on merits of the legality and validity of the transfer order in question, which is left for the Tribunal to adjudicate and decide;
(ix) Registry is directed to communicate copy of this order to the Registrar of Jabalpur Bench of the Tribunal.
(SHEEL NAGU) (VIRENDER SINGH)
JUDGE JUDGE
YS
Signature Not Verified
Signed by: YOGESH KUMAR
SHIRVASTAVA
Signing time: 11/28/2022
3:06:53 PM