ORDER

Heard Shri Virender Singh, learned counsel for the applicant and Shri N.P. Singh, learned counsel for the respondents and with the consent of both the learned counsel for the parties, the case is disposed of at the ‘Admission stage’ itself.

2. This Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed by the applicant, seeking the following reliefs:-

8. (i) Issue an order or direction to set aside the impugned order No.F-11048/1-1/2024/KVS/Estt.-I/5558-5632 dated 25.06.2024, by which the applicant has been transferred from K.V. New Cantt., Prayagraj, Varanasi Region to P.M. Shri K.V. No.2, Satna, Jabalpur Region and the name of the applicant is reflected at Sr. No.1 in the aforesaid list.

8 (ii) Any other relief, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicant.

3. The case of the applicant is that she initially joined as Post Graduate Teacher in Hindi at Kendriya Vidyalaya, Chakeri, Kanpur in the year, 1993. Thereafter, the applicant was transferred from various places and lastly she joined as Principal at Kendriya Vidyayala, New Cantt. Prayagraj on 18.01.2019 and since then, she has been discharging her duties with full satisfaction of her superior Authorities. However, vide order dated 25.06.2024, the applicant transferred to P.M. Shri K.V. No.2, Satna, Jabalpur Region from K.V. New Cantt. Prayagraj and the name of the applicant is at Sr. No.1 of the said order. Aggrieved by the same, the applicant represented before the respondent-1 vide email dated 26.06.2024, but no heed was paid. Hence, the applicant has been constrained to knock the door of this Tribunal by way of present Original Application, challenging the transfer order dated 25.06.2024 so far as it relates to the applicant only.

4. Shri Virender Singh, learned counsel for the applicant assails the impugned order of transfer dated 25.06.2024 on the ground that the applicant joined as Principal at K.V. New Cannt. Prayagraj on 18.01.2019 and her five year tenure is going to be completed on 30.06.2024 and also she is going to superannuate on 31.03.2025, hence, only nine months is remained for her superannuation and as such, the impugned order is contrary to Clause 3 (v) of the Transfer Policy, 2023 wherein it has been specifically stipulated that ‘to ensure stability of teaching learning process, an employee will be eligible to apply for transfer after completion of tenure except cases covered under PwD/MDG/DFP/LTR, which will be considered irrespective of tenure during the Annual Transfer Process’. As per Clause 3 (ii) of Part 1 (B) of Transfer Policy, the respondents have full power to intervene in cases of Less Than Three Years to Retire (hereinafter referred as ‘LTR’). While passing the impugned order, the respondent have also not considered the Clause-4 of Kendriya Vidyayala Sanghatan, Transfer Policy, 2023.

5. Learned counsel for the applicant further submits that the applicant has given her choice as Varanasi, Kanpur, Lucknow, Bareilly and Jabalpur against the transfer places asked by the Kendriya Vidyalaya Sangathan vide letter dated 11.06.2024, but ignoring the aforesaid choice, she has been transferred at different place i.e. K.V. No.II, Satna. Learned counsel for the applicant lastly submits that the till date the applicant has not been relieved from K.V. New Cantt. Prayagraj to join her transferred place. Hence, the impugned order is liable to be quashed and set aside.

6. Justifying the impugned order, Mr. N.P. Singh, learned counsel for the respondents submits that there is no illegality or infirmity in the order of transfer as applicant has not been individually transferred rather it is a chain transfer done in a routine manner. The applicant has completed her tenure for 5 years in the said Office. The applicant has no right to work at a particular place and the services of the applicant are governed with all Indi