ORDER

Per: DINESH SHARMA, ADMINISTRATIVE MEMBER The applicant has prayed for the following reliefs:

“It is, therefore, prayed that the present original application made by applicant may kindly be allowed. Cost of original application may also be granted in favour of applicant. And the impugned transfer order dated 10.07.2023 and order dated 11.07.2023 may kindly be quashed and set aside and the respondents may kindly be directed to allow the applicant continuously on the posting of the applicant on the post of PGT (Chemistry) at Jawahar Navodaya Vidyalay, Patan, District Sikar.

Any other relief or direction which this Hon’ble tribunal deems fit in the facts and circumstances of the case may also be passed in favour of applicant.”

2. The case of the applicant is that he was transferred from Jawahar Navodaya Vidyalaya Kajada, District Jhunjhunu to Jawahar Navodaya Vidyalaya, Patan, District Sikar by orders dated 13.07.2021. This was following his request on spouse ground since his wife is also working with the respondent Navodaya Vidyalaya Samiti (NVS) as PGT at Kendariya Vidyalaya, Nohara in Rajasthan. The applicant was suspended, following a proposed disciplinary action, by orders dated 28.11.2022 (Annex. A/3) and posted at Jawahar Navodaya Vidyalaya, Suratgarh, District Sri Ganganagar-II during the period of his suspension. His suspension was revoked by orders dated 07.02.2023 (Annex. A/4) and he was posted at Jawahar Navodaya Vidyalaya Kherabad, District Kota. Now, by impugned orders dated 10.07.2023 (Annex. A/1), passed by the NVS Hqrs., the applicant has been posted to Jawahar NavodayaVidyalaya, Diu (U.T.). He has also been relieved by orders dated 11.07.2023 (Annex. A/2). The applicant has challenged both these orders stating that these are in violation of their own stated policy of keeping husband and wife together. The transfer of the applicant, before completion of 03 years, and posting him at a hard station, is also in violation of the norms of the policy and has been done on extraneous and mala-fide considerations. The applicant also prayed for interim relief of staying and undoing these transfer and relieving orders.

3. The respondents have denied the claim made by the applicant. After describing what are the aims and objectives of the NVS, the reply goes on to state that transfers are necessary incidents in the life of any employee who is working in the NVS which has schools all over India. The Transfer is made on account of needs of administrative exigencies, as there is dearth of teachers at Jawahar Navodaya Vidyalaya, Diu (U.T.). The applicant has hidden the facts for which he was suspended. The reply annexes documents to show that it was on account of the applicant’s alleged abusive behavior with the Principal of the school at Sikar and his open defiance of his superior’s orders. The orders placing him at Ganganagar on suspension and at Kota on reinstatement were not transfers but temporary arrangements. The policy provides for shifting employees from a place where their continuance is not found conducive for maintenance of proper discipline and congenial atmosphere. The transfer of the applicant from Sikar to Diu, on these administrative grounds, should not, therefore, be interfered.

4. The matter was finally heard on 08.08.2023 as insisted by learned counsel for the applicant. The learned counsel for the applicant strongly argued in favour of cancelling the transfer orders as these have been passed, according to him, admittedly for extraneous reasons. Transfers should not be used as an instrument of punishment. The reply of the respondents, by implicitly connecting the applicant’s transfer with his alleged misconduct, clearly shows that the applicant has been transferred in order to punish him for an alleged misconduct for which there is already a disciplinary inquiry pending. The learned counsel for the applicant