ORDER

By Hon’ble Mr. Justice Om Prakash-VII, Member (J) With the consent of both the parties, both the O.As have been heard together and are being decided by a common order.

2. The O.A. No. 580/2008 has been filed by the applicant under section 19 of Administrative Tribunals Act, 1985 with the following reliefs:-

8.1 To issue an order, rule or direction quashing and set aside the impugned order dated 12.5.2008 and relieving order dated 16.5.2008 passed by the respondent No.2 and 3 and communicated by the respondent No. 4 by which the applicant has been transferred from K.V.S. BHU, Varanasi Campus Varanasi to K.V.Motihari, Bihar.

8.2 To issue an order, rule or direction in the nature of mandamus directing the respondent No.2 and 3 to allow the applicant to work on the said post of TGT Hindi Teacher in K.V.S. BHU, Campus, Varanasi and the respondent No. ¾ be directed not to give effect the impugned order dated 12.5.2008 as usual and also pay the salary as and when it become due.

8.3 To issue any other order, rule or direction which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case.

8.4 To award the cost of the Original Application in favour of the applicant.

3. The O.A. No. 647/2009 has been filed by the applicant under section 19 of Administrative Tribunals Act, 1985 with the following reliefs:-

8.1 Issue an order, rule or direction quashing and set aside the impugned order dated 1.12.2008 passed by the respondent No.4, by which the applicant was removed from service.

8.2 Issue an order ,rule or direction for quashing and set aside the impugned order dated 24.4.2009 passed by respondent No. 3 rejecting the appeal of the applicant.

8.3 Issue an order, rule or direction in the nature of mandamus directing the respondents to reinstate the applicant on the said post of Trained Graduate Teacher, Hindi and also allow all the consequential benefits since the date when the applicant was removed from service.

8.4 Issue an order, rule or direction which this Hon’ble Tribunal may deem fit and proper under the facts and circumstances of the case to which the applicant may be found entitled under law.

8.5 To award the cost of original application in favour of the applicant.

4. The facts emerges from the O.A. No. 580/2008 are that applicant was appointed as a Primary Teacher at Nagpur, State of Maharashtra vide appointment letter dated 27.8.1975. Applicant was transferred from Nagpur to 39, K.V.S.,Cant, Varanasi, KVS Varanasi to Tegu, Arunachal Pradesh, North Eastern Zone (hard station ) vide order dated 8.10.1984 and after completion of five years at hard station from Arunachal Pradesh to K.V.S., Mughalsarai in the year 1993. Thereafter, from K.V.S. Mughalsarai to 39 GTC, KVS,Cant, Varanasi vide order dated 31.3.2003. Again vide order dated 30.5.2005, applicant was transferred from KVS, Banaras to Uttarlie (Rajashthan). Being aggrieved of the order dated 30.5.2005, applicant filed O.A. No. 675 of 2005 before this Tribunal and this Tribunal vide interim order dated 29.6.2005 stayed the operation of the impugned order dated 30.5.2005 and directed the respondents not to give effect to the said order in respect of the applicant. When respondents not complied with the interim order, applicant filed contempt petition No. 89 of 2005. Thereafter, vide order dated 28.3.2007, respondent modified the transfer order dated 30.5.2005 and changed the place of posting instead of Uttarlie (Rajasthan) to KVS No. 4, Varanasi. Respondent again transferred the applicant on 4.7.2007 from BHU, Varanasi to KVS, Gopalganj. Applicant joined the KVS, Gopalganj and submitted a representation for cancelling the transfer order dated 4.7.2007. Applicant worked up to 1.10.2007 at KVS, Gopalganj and relieved to join at KVS, BHU Varanasi vide order dated 1.10.2007 and she joined KVS BHU, Varanasi. Again applicant was transferred vide order dated 12.5.2008 from KVS, BHU, Varanasi to Motihari, Bihar within a short spell of six