IMPORTANT POINT
Transfer orders are part of service conditions and not subject to judicial review unless malafide or against service rules.

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 before the completion of three years stay at the new station.

3. The petitioner being aggrieved by the transfer order dated 07.09.2019 challenged the same before learned Tribunal Bench at Jaipur, by filing OA no.539/2019. The same was dismissed by the learned Tribunal vide order dated 09.10.2019. Being aggrieved by the order dated 09.10.2019 the petitioner approached Rajasthan High Court at Jaipur by way of filing D.B. Civil Writ Petition No.17844/2019. The writ petition filed by the petitioner before Hon’ble High Court at Jaipur came to be disposed of vide order dated 16.03.2021 and thereby, the order of learned Tribunal was modified and it was ordered that transfer order dated 07.09.2019 shall be treated in public interest and the part of the order, whereby the provision of para 7(e) of KVS Transfer Guidelines was invoked, was ordered to be deleted.

4. The wife of the petitioner is also an employee of the Kendriya Vidyalaya Sangathan and she is presently holding the post of Librarian at KV no.1, Bajaj Nagar, Jaipur. The petitioner after passing of the decision of the Hon’ble Rajasthan High Court Bench at Jaipur submitted representation to the respondents with a request to post him at any of the school at Jaipur on spouse ground. The representation of the petitioner was decided by the respondents vide order dated 10.06.2021 and his request to post him in on spouse ground at the same station came to be turned down as there was no vacancy of TGT (English) available at any other KVS at Jaipur. The petitioner challenged legality of the order dated 10.06.2021 by way of filing Original Application no.56/2022 before the learned Tribunal at Jaipur Bench. The learned Tribunal vide order dated 25.02.2022 disposed of the OA with a direction to consider and decide the representation to be submitted by the petitioner within six weeks. The official respondents by complying with the order dated 25.02.2022 considered the representation submitted by the petitioner and rejected the same.

5. Aggrieved by the acts and inaction of the respondents in not considering various representations filed by him, the petitioner again approached the learned Tribunal Principal Bench, New Delhi. The OA no.1185/2022 filed by the petitioner before the learned Tribunal, New Delhi came to be disposed of vide order dated 02.05.2022 with a direction to the respondents to consider and decide his representation for transfer at any nearby place to Jaipur. The respondents thereupon vide Office Memorandum dated 16.06.2022 informed the petitioner that he cannot be posted at Jaipur or nearby areas. The order dated 16.06.2022 was assailed by the petitioner before the learned Tribunal Principal Bench, New Delhi in Original Application no.1704/2022. The OA no.1704/2022 came to be dismissed by the lear