Central Administrative Tribunal - Delhi
Smt Himanshi Sachdeva vs Kvs on 8 August, 2024
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Item No.6/ C-3 OA 3088/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 3088/2024
This the 8th Day of August, 2024
Hon'ble Mrs. Pratima K Gupta, Member (J)
Hon'ble Dr. Chhabilendra Roul, Member (A)
Smt. Himanshi Sachdeva
Aged about 29 years,
R/o C-ll, 3rd Floor, (L- Type,)
Old Govindpura Extention,
Near Govt. School, Radhey Shyam Park,
Delhi- 110051
...Applicant
(By Advocate : Mr. Saurabh Kumar with Ms. Khushboo
Nagender Singh)
Versus
1. Kendriya Vidyalaya Sangathan,
Through its Commissioner,
Kendriya Vidyalaya Sangathan,
(Under Ministry of Education, Government of India),
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi-l 10016.
2. The Assistant Commissioner (Estt.2/3),
Kendriya Vidyalaya Sangathan,
(Under Ministry of Education, Government of India),
18, Institutional Area, Shaheed Jeet Singh Marg,
New Delhi-ll0016
3. The Principal,
Kendriya Vidyalaya
Baramulla, Jammu & Kashmir
PIN- 193101
4. The Administrative Officer
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Item No.6/ C-3 OA 3088/2024
KV Regional office
Gandhi Nagar, Jammu
Jammu & Kashmir.
PIN-l 80004
...Respondents
(By Advocate: Mr. S. Rajappa with Mr. R. Gaurishankar)
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Item No.6/ C-3 OA 3088/2024
ORDER (ORAL)
By Hon'ble Ms. Pratima K Gupta, Member (J):-
Present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"i. To count year 2023-24 as active stay at hard station.
ii. Count the earned leave availed by applicant as 35 instead of 45 in the academic year 2023-24 iii. Allow the applicant to fill the transfer form and transfer her to choice of her station as done with other teachers in year 2023-24.
iv. Transfer the applicant to any of the clear vacancies in or near Delhi.
Pass such other and further orders as this Hon'ble Tribunal may deem fit and proper."
2. The applicant joined KVS at KVS Raipur, Chhatisgarh as Primary Teacher on 27.08.2019. Thereafter she was transferred by an order dated 03.11.2021 to Baramullah, Jammu & Kashmir, which is a hard station. In terms of the academic calendar 2023-2024, the applicant opted for earned leave for 35 days w.e.f. 21.05.2024 to 28.06.2024. This leave was preceded with summer break. Learned counsel for applicant submits that since the applicant has completed 3 years of posting at the hard Station, she is entitled to be shifted to the place of her choice, in terms of the transfer 4 Item No.6/ C-3 OA 3088/2024 policy of the respondents. Additionally, he submits that the applicant is having 10 months old child and the weather condition at Baramullah is making her difficult to take care and raise that child. Accordingly, she has preferred a representation to the respondents on 13.06.2024 followed by a reminder on 14.06.2024. However, the same are pending consideration before the respondents.
3. Issue notice. Mr. S. Rajappa, learned counsel who appears for the respondents on advance service, accepts notice. He seeks four weeks' time to take appropriate instructions and/or to file appropriate reply. On instructions, he submits that since the applicant's earned leave prefixed the summer break, the days of summer break have been counted as earned leave and, therefore, he submits that in terms of the Leave Rule 1972, 2 (1)(ii), as the applicant has proceeded for more than 45 days of leave in a particular year, this year cannot be counted as a hard Station.
4. At this stage, learned counsel for applicant submits that the applicant would be satisfied, if she may be allowed to make a fresh representation and direction may be issued to the respondents to consider the same in a time bound manner.
5Item No.6/ C-3 OA 3088/2024
5. In view of the limited prayer made by learned counsel for the applicant, the present OA is disposed of without going into the merits of the case, with permission to the applicant to file a self contained detailed representation before the respondents within one week from the date of receipt of a certified copy of this order. The respondents are directed to dispose of the same by passing a reasoned and speaking order thereon, within a period of three weeks from the date of receipt of such representation.
6. The OA is disposed of in the above manner. However, the applicant is at liberty to avail the remedy as per law. There shall be no order as to costs.
(Dr. Chhabilendra Roul) (Pratima K Gupta)
Member (A) Member (J)
/daya/