Central Administrative Tribunal - Delhi
Surya Bhan Singh vs Kendriya Vidyalaya Sangathan on 11 January, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI OA 4114/2010 New Delhi, this the 11th day of January, 2011 HONBLE MRS. MEERA CHHIBBER, MEMBER (J) Surya Bhan Singh S/o Shri R.P. Singh Working as PGT (Hindi) in K.V. Lawrence Road, New Delhi. .Applicant By Advocate: Shri Yogesh Sharma. Versus 1. Kendriya Vidyalaya Sangathan Through its Commissioner, 18, Institutional Area, Shahid Jeet Singh Marg, New Delhi. 2. The Education Officer, Kendriya Vidyalaya Sangathan Through its Commissioner, 18, Institutional Area, Shahid Jeet Singh Marg, New Delhi. ..Respondents By Advocate: Shri S. Rajappa. O R D E R
By Honble Mrs. Meera Chhibber, Member (J) Applicant has challenged order dated 29.9.2010 whereby he has been transferred from Delhi to Sriganganagar (page 9) under para 17.4 of the transfer guidelines and order dated 19.11.2010 (page 10) passed by the respondents in compliance with the Courts directions dated 7.10.2010 to review the case whereby his representation has been rejected.
2. It is submitted by the applicant that he was posted in Delhi on 4.9.2006 after he had undergone postings at 3 hard stations viz. Tripura, Nagaland and Imphal. He was not due for retirement in mid session nor there is any complaint, charge-sheet pending against the applicant thus there was no justification to transfer him from Delhi to Sriganganagar vide order dated 29.2.2010 under para 17.4 of the transfer guidelines. He has been transferred out only to adjust one Ms. Arti, PGT (Hindi) in Delhi, therefore, transfer cannot be said to be in administrative exigency. The order of transfer is, therefore, arbitrary and amounts to misuse of power.
3. Even otherwise, there are teachers PGT (Hindi) with longer stay in Delhi than the applicant viz.:-
Name Date of Joining at Delhi Station School Ms. Promila 12.11.1999 K.V. Tagore Garden Ms.Kamlesh Sharma 9.9.2004 R.K. Puram No.2 Ms.Kavita Sharma 1.4.2005 Keshavpuram Ms.Manju Tripathi 16.6.2005 Tugalakabad Sh.R.C.Katiyar 4.7.2005 K.V. NFC Sh.Satish Kumar 25.8.06 Janakpuri Sh.S.N.Sharma 26.8.06 Delhi Cantt.
Sh S.L. Trivedi 1.9.06 Ghaziabad Sh.K.C.Shukla 11.5.04 Manesar He also submitted that before issuing the order, no approval was taken from the Chairman, therefore, order is bad in law otherwise also. He has thus prayed that the OA may be allowed.
4. Respondents have opposed the OA. They have stated as per the transfer guidelines, para 15 provides where transfer is sought by a teacher under paragraph 15 therein, after a continuous stay of 2 years in a very hard station or 3 years in the NE, A&N Islands and any other declared hard stations or by a teacher falling under the grounds of medical/death of spouse who has less than 3 years to retire or who has a very hard case involving showing of human compassion by the administrator, then in the event of non-availability of vacancy at his choice station, a vacancy shall be created to accommodate him/her by transferring the senior most teacher in the said station of the same category (post/subject). For achieving this purpose, Commissioner, KVS has been designated as the competent person under paragraph 17.4 of the transfer guidelines to carry out the transfer/transfers of such person/persons as he may consider necessary with the approval of the Chairman of KVS. In this case, the Commissioner, KVS has exercised his power validly in accordance with the mandate conferred upon him under the transfer guidelines, therefore, this case calls for no interference. They have specifically stated that the applicant is the senior-most in the station to be displaced as per the transfer guidelines and have explained the status of other teachers also. They have thus prayed that the OA may be dismissed.
5. I have heard both the counsel and perused the pleadings as well as the original record. Perusal of the record shows that applicant has been transferred from Delhi to Sirganganagar in order to accommodate Ms. Arti on the basis of a request received from the Ist PA to the Honble HRM. It is relevant to note that Ms. Arti had not given any application to the authorities seeking her transfer on the ground that her husband is in a different station or on medical grounds or on any other compassionate grounds. On the contrary, there are three letters in total in the record which show first letter was written by Shri Parlad Singh Sawhney, Member-Delhi Legislative Assembly to the Minister of HRD wherein he had stated that the father of Ms. Arti is known to him, who is a resident of Chandni Chowk Assembly. He is a noble and social person. His wife is suffering from Paralysis and is completely bed ridden, who needs the family assistance to discharge her day-to-day needs. Moreover, father is also suffering from Diabetes Mellitus and Hypertension, therefore, Ms. Arti, who has completed more than 3 years at Kendriya Vidyalaya, Sriganganagar, Rajasthan, may be posted to Delhi so that she may assist and support her old ailing parents. The second letter is written by the father of Ms. Arti to the Minister of HRD. He has stated mother of Ms. Arti is suffering from Diabetes and Hypertension and recently suffered a paralytic stroke and is bed ridden. The daughter is needed for family assistance. Moreover, Ms. Arti is already 29 years old and they are not able to get suitable match as she is away from Delhi, therefore, she may be posted to Delhi. The third letter is written by the husband of Ms. Arti on 4.8.2010. This is also addressed to the Minister of HRD. He has stated that he was married to Ms. Arti last year. He is a central Government employee and is posted in Delhi. His wife is in family way. It is very difficult for her to live alone with a pregnancy and since she is in a defence controlled area, there is no mode of transport from Sriganganagar to City. In view of health complications of Ms. Arti, she may be posted to Delhi.
6. From above, it is clear that applicant has not given any application to the authorities for posting her to Delhi on the ground of posting her at the station where spouse is posted though there is a specific provision in Rule 12.4 of the transfer policy to this effect. She could have given an application for being transferred under this category and waited for her turn along with other such teachers who also apply as per the transfer policy. If Ms. Arti was having some medical problem, she could always have availed medical leave or could have requested for transfer in normal course. There is no justification to send the request through politicians. The other letters are written either by father or politician addressed to the Minister of HRD. As far as fathers letter is concerned, since Ms. Arti had already been married, 2nd problem is taken care of and since she is married, she is expected to live in her own house. Mothers problem has to be taken care of by father, therefore, there was no merit either in the letter of father or Mr. Sawhneys letter. It is seen Ms. Arti was transferred to Delhi on the request of Ist PA to the Minister of HRD displacing the applicant from Delhi to Sriganganagar for making place for Ms. Arti. If such kinds of transfers are allowed, it would mean such persons would be benefited who are known to the politicians or have some god father in the Ministry, while others even if similarly situated would have to wait for transfer as per their turn in terms of the transfer policy. This, according to me, itself would be violative of Articles 14 & 16 of the Constitution of India. I do not find any such urgency in the matter for which para 17.4 of the transfer guidelines could have been invoked to post the applicant to Sriganganar in order to accommodate Ms. Arti in the midst of the academic session. As I have already noted above, there is no application given by applicant which is on record and Shri Surya Bhan Singh, PGT (Hindi) has been transferred to Sriganganagar simply to accommodate Ms. Arti in the midst of the academic session in September, 2009 simply because a request has been received from the Ist PA to the Honble Minister of HRD. Such transfer cannot be said to have been passed in the administrative exigency by any stretch of imagination. Obviously, the transfer has been carried out to please the Ist PA to the Minister for HRD, therefore, such a transfer cannot be sustained in law. The transfer order dated 29.9.2010 is accordingly quashed and set aside. Of course, if Ms. Arti has some genuine problem, it will be open to her to give a representation to the authorities in her own capacity, which I am sure would be considered by the authorities sympathetically at the appropriate stage.
8. OA stands disposed of with the above directions. No costs.
(Mrs. Meera Chhibber) Member (J) Rakesh