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2004 Supreme(SC) 1108

C.K.THAKKER, ARIJIT PASAYAT
Kendriya Vidyalaya Sangathan – Appellant
Versus
Damodar Prasad Pandey – Respondent


ORDER

Arijit Pasayat, J.-Leave granted.

Heard learned counsel for the parties.

2. The respondent No.1, while working as a teacher in Sanskrit in Kendriya Vidyalaya Sangathan, (AOC) Jabalpur, M.P. questioned his transfer to J & K. Smt. Sushila Pandey, respondent No.5 in the present appeal was transferred to Jabalpur in place of respondent No.1. The respondent No.1 filed Original Application before the Central Administrative Tribunal, Jabalpur (in short Tribunal ). The transfer order was mainly assailed on the ground of alleged malafides and to be a punitive transfer issued in colourable exercise of power. The Tribunal noticed that the allegations of malafides were not established and the transfer was not vitiated on any score. Plea of the present respondent No.1 that he and wife should be posted at same place was also held to be not acceptable. It was observed that the situation where the husband and the wife can be kept together would always depend upon the availability of vacancies and administrative exigencies. It was noted that the present respondent No.1 and his wife had worked together for nearly 17 years at a particular place. It was noticed that respondent No.5 had worked in J






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