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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, Tushar Rao Gedela, JJ.
Vipin Kumar Tyagi - Appellant
Versus
Kendriya Vidyalaya Sangathan - Respondent
W.P.(C) 14245 of 2022 & CM Appls. 43504-06 of 2022
Decided On : 14-10-2022
| Table of Content |
|---|
| 1. impugning transfer order and circumstances. (Para 1 , 2 , 3) |
| 2. petitioner's request for consideration on proximity. (Para 4 , 5) |
| 3. court directs sympathetic consideration. (Para 6 , 7 , 8) |
| 4. decision on direction to be expedited. (Para 9) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner impugns order dated 29.09.2022 whereby the Tribunal has declined to grant an interim protection to the petitioner and adjourned the matter to 25.11.2022 for completion of proceedings before the Registrar.
2. Petitioner in the Original Application had impugned an order of transfer dated 18.08.2022 whereby the petitioner was transferred from Kendriya Vidyalaya Roorkee to Kendriya Vidyalaya Pathankot.
3. The case of the petitioner is that petitioner has less than two years of service remaining and his wife is working for the Government of Uttarakhand and is presently posted at Khanjarpur, Roorkee and further that his wife is also requiring medical attentions from time to time.
4. On 07.10.2022, learned counsel for the petitioner had submitted, without prejudice to the rights and contentions, that he was willing for a posting but had requested the respondent to consider posting petitioner to a place close to Roorkee. Three locations were indicated.
5. Learned counsel appearing for the respondent under instructions submits that none of the three locations mentioned by the petitioner are vacant.
6. Keeping in view of the fact and circumstances and also the request of the petitioner, we dispose of this petition directing the respondent to consider the request of the petitioner sympathetically for a posting at a reasonably travelable distance from Roorkee, if possible.
7. This direction is without prejudice to the rights and contentions of the parties.
8. Learned counsel for the petitioner submits that the petitioner shall report for duty without prejudice to his pending Original Application on 20.10.2022.
9. The petition is accordingly disposed of in the above terms. However, the respondent shall expeditiously take a decision on the directions issued by this Court preferably before the next date fixed before the Tribunal.
The court directed that transfer requests be considered sympathetically based on personal circumstances such as remaining service duration and family medical needs.
The court emphasized the duty of the petitioner to obey the transfer order and found no violation of the spouse posting mandate or public interest.
Court ruled in favor of flexible administrative decisions in employment law to ensure educational continuity for children, allowing retention of accommodation amid transfer.
Government servants can be transferred in administrative exigencies, and courts are reluctant to interfere with transfer orders unless there is a violation of statutory provisions or mala fides.
The court considered the medical condition of the petitioner and his daughter as a determining factor in reaching its decision.
The normal tenure for posting is not mandatory and can be curtailed for exigencies of service.
Transfer and posting decisions in a disciplined force are made by the competent authority in the interest of the Force, and individual requests for specific locations may not be entertained.
The Transfer Policy clauses must be followed in considering a teacher's transfer request.
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