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Manoj Kumar Jain vs M/O Human Resource Development on 17 February, 2021 cites

Jittu @ Jitendra @ Jay vs The State Of Madhya Pradesh on 4 October, 2018

The transfer Guidelines is amended from time to time in consultation with all the stakeholders and finally approved by the BOG. Transfers of teaching staff upto PGTs and non teaching staff up to Assistants (now ASOs) are affected as per the Transfer Page 5 of 16 6 O.A.No.200/00987/2019 Guidelines. The applicant cannot claim as a right to be posted at KV VF Jabalpur as only right contender being senior teacher as due to non availability of vacancy a teacher who was senior in panel at Serial No.109 (Shri S.S. Singh) has also been posted on promotion to KV Koliwada. Respondents have relied upon catena of judgments in the matters of Jittu @ Jitendra @ Jay vs. State of M.P. and others, Sanjay Kumar Pathak vs. State of M.P. , Karan Sinh vs. State of M.P. and others, Mohd. Masood Ahmed vs. State of U.P. and others, Abani Kanta Ray vs. State of Orissa (2007) 8 SCC, 174, Onkar Nath Tiwari vs. Chief Engineer, Minor Irrigation Deptt.
Madhya Pradesh High Court Cites 21 - Cited by 1 - Full Document

Karan Singh And Anr vs State 0F M.P. & Ors on 15 April, 1986

Respondents have not given any reasons for rejection in their reply as well as at the time of argument regarding non consideration of applicant's request of transfer on health grounds. The judgment relied upon in the case of S.L Abbas (supra) and Karan Singh (supra), wherein it has been held that the transfer is an incident of service. No employee can dispute the aforesaid established fact that transfer is an incident of service, but the fact remains that the transfer has to be done keeping in view the various policies issued from time to time and it should not be vitiated by malafides or should not be contrary to the notification issued by the Government of India or by other authorities. In the present circumstances specially, in view of Annexure A/6 dated 06.05.2019, the applicant had Page 13 of 16 14 O.A.No.200/00987/2019 indicated that the applicant undergone hip replacement surgery and due to old age of father and his own health, the matter of the applicant may be considered. But the respondents have not considered the case of the applicant and not given any reasons for rejection. Furthermore, as per Annexure A/9 dated 29.06.2019, the applicant has made the representation for reconsideration of his transfer due to hip replacement surgery, completion of two years in hard area and also regarding the old age of his father and tender age of his son 6 years. The respondent-department has further not given any reasons for rejection his application for reconsideration. The detailed representation was further sent by applicant on 24.08.2019 (Annexure A/12) to the Commissioner again indicating his total hip replacement and also indicated the fact that the post of PGT (Maths) is going to vacant on 01.11.2019 and has requested the Commissioner to consider his representation. The respondents have further not considered and also not given any reasons for rejection. The applicant had placed Page 14 of 16 15 O.A.No.200/00987/2019 reliance upon Annexure RJ/1 DoPT Office Memorandum dated 20.09.2009 and also Annexure RJ/2 dated 17.10.2019 issued by Kendriya Vidyalaya Sangathan for guidelines regarding modification of place of posting of newly appointed teachers on the ground of spouse and PH grounds, as the applicant has already provided the disability certificate as per Annexure RJ/7 whereby the disability of the applicant is 40%. In such circumstances we are of the view that the respondent-department has overlooked their instructions and guidelines. Accordingly, the applicant to approach respondent-authority again with detailed representation with all relevant documents/certificate/ circular within a period of one week from the date of receiving the order of this Tribunal and respondents are directed to reconsider the applicant's case sympathetically, within a period of four weeks thereafter, keeping in view the transfer guidelines (Annexure RJ/2) and above DOPT's circular (Annexure RJ/1). Till the final order is passed by the respondents the status quo as of Page 15 of 16 16 O.A.No.200/00987/2019 today regarding the post of PGT (Maths) K.V. VF Jabalpur 1st Shift shall be maintained.
Supreme Court of India Cites 4 - Cited by 28 - E S Venkataramiah - Full Document

Mohd. Masood Ahmad vs State Of U.P. & Ors on 18 September, 2007

The transfer Guidelines is amended from time to time in consultation with all the stakeholders and finally approved by the BOG. Transfers of teaching staff upto PGTs and non teaching staff up to Assistants (now ASOs) are affected as per the Transfer Page 5 of 16 6 O.A.No.200/00987/2019 Guidelines. The applicant cannot claim as a right to be posted at KV VF Jabalpur as only right contender being senior teacher as due to non availability of vacancy a teacher who was senior in panel at Serial No.109 (Shri S.S. Singh) has also been posted on promotion to KV Koliwada. Respondents have relied upon catena of judgments in the matters of Jittu @ Jitendra @ Jay vs. State of M.P. and others, Sanjay Kumar Pathak vs. State of M.P. , Karan Sinh vs. State of M.P. and others, Mohd. Masood Ahmed vs. State of U.P. and others, Abani Kanta Ray vs. State of Orissa (2007) 8 SCC, 174, Onkar Nath Tiwari vs. Chief Engineer, Minor Irrigation Deptt.
Supreme Court of India Cites 8 - Cited by 313 - M Katju - Full Document

Sri Abani Kanta Ray vs State Of Orissa & Ors on 13 October, 1995

The transfer Guidelines is amended from time to time in consultation with all the stakeholders and finally approved by the BOG. Transfers of teaching staff upto PGTs and non teaching staff up to Assistants (now ASOs) are affected as per the Transfer Page 5 of 16 6 O.A.No.200/00987/2019 Guidelines. The applicant cannot claim as a right to be posted at KV VF Jabalpur as only right contender being senior teacher as due to non availability of vacancy a teacher who was senior in panel at Serial No.109 (Shri S.S. Singh) has also been posted on promotion to KV Koliwada. Respondents have relied upon catena of judgments in the matters of Jittu @ Jitendra @ Jay vs. State of M.P. and others, Sanjay Kumar Pathak vs. State of M.P. , Karan Sinh vs. State of M.P. and others, Mohd. Masood Ahmed vs. State of U.P. and others, Abani Kanta Ray vs. State of Orissa (2007) 8 SCC, 174, Onkar Nath Tiwari vs. Chief Engineer, Minor Irrigation Deptt.
Supreme Court of India Cites 6 - Cited by 285 - J S Verma - Full Document

Onkar Nath Tewari vs Chief Engineer, Minor Irrigation ... on 11 September, 1997

The transfer Guidelines is amended from time to time in consultation with all the stakeholders and finally approved by the BOG. Transfers of teaching staff upto PGTs and non teaching staff up to Assistants (now ASOs) are affected as per the Transfer Page 5 of 16 6 O.A.No.200/00987/2019 Guidelines. The applicant cannot claim as a right to be posted at KV VF Jabalpur as only right contender being senior teacher as due to non availability of vacancy a teacher who was senior in panel at Serial No.109 (Shri S.S. Singh) has also been posted on promotion to KV Koliwada. Respondents have relied upon catena of judgments in the matters of Jittu @ Jitendra @ Jay vs. State of M.P. and others, Sanjay Kumar Pathak vs. State of M.P. , Karan Sinh vs. State of M.P. and others, Mohd. Masood Ahmed vs. State of U.P. and others, Abani Kanta Ray vs. State of Orissa (2007) 8 SCC, 174, Onkar Nath Tiwari vs. Chief Engineer, Minor Irrigation Deptt.
Allahabad High Court Cites 7 - Cited by 19 - D K Seth - Full Document

Sanjay Kumar Pathak vs The State Of Madhya Pradesh on 12 September, 2012

The transfer Guidelines is amended from time to time in consultation with all the stakeholders and finally approved by the BOG. Transfers of teaching staff upto PGTs and non teaching staff up to Assistants (now ASOs) are affected as per the Transfer Page 5 of 16 6 O.A.No.200/00987/2019 Guidelines. The applicant cannot claim as a right to be posted at KV VF Jabalpur as only right contender being senior teacher as due to non availability of vacancy a teacher who was senior in panel at Serial No.109 (Shri S.S. Singh) has also been posted on promotion to KV Koliwada. Respondents have relied upon catena of judgments in the matters of Jittu @ Jitendra @ Jay vs. State of M.P. and others, Sanjay Kumar Pathak vs. State of M.P. , Karan Sinh vs. State of M.P. and others, Mohd. Masood Ahmed vs. State of U.P. and others, Abani Kanta Ray vs. State of Orissa (2007) 8 SCC, 174, Onkar Nath Tiwari vs. Chief Engineer, Minor Irrigation Deptt.
Madhya Pradesh High Court Cites 0 - Cited by 2 - Full Document
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