Back
SHREE CHANDRASHEKHAR, KULDEEP MATHUR
R. K. Mishra S/o Late Shri M. M. Mishra – Appellant
Versus
Kendriya Vidyalaya Sangathan, Through The Commissioner, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi – Respondent
ORDER :
Kuldeep Mathur, J.
The present writ petition has been filed by the petitioner-R.K. Mishra assailing the validity and correctness of the order dated 13.08.2024 passed by Central Administrative Tribunal (hereinafter referred to as ‘learned Tribunal’) Jodhpur Bench, Jodhpur in Original Application no.409/2024, by which the Original Application (OA) preferred by the petitioner against rejection of his representation seeking transfer to Kendriya Vidyalaya Jaipur from Kendriya Vidyalaya Pali was dismissed.
2. Briefly stated facts of the case are that the petitioner is holding the post of Trained Graduate Teacher (English) with respondent no.1. By an order dated 07.09.2019 the petitioner came to be transferred from KV Jaipur to KV Pali as per the provisions of para 7(e) of the KVS Transfer Guidelines. It is pertinent to note here that para 7(e) of KVS Transfer Guidelines states that an employee can be transferred from a location if the employee’s stay has become prejudicial to the interest of the organisation at any point of time and further if, an employee is transferred by invoking this provision he/she shall not be considered for coming back on the same station on request transfer
Transfer orders are part of service conditions and not subject to judicial review unless malafide or against service rules.
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
Transfers of government employees cannot be interfered with unless proven to be mala fide or in violation of statutory provisions; administrative exigencies govern such decisions.
Transfer orders are valid under administrative exigency unless proven malicious or in violation of statutory provisions.
Transfer orders affecting educators mid-academic year violate principles of good governance and arbitrariness, warranting judicial intervention.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
