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2024 Supreme(Online)(CAT) 2352
CENTRAL ADMINISTRATIVE TRIBUNAL
ORIGINAL APPLICATION NO.170/00
DATED THIS THE
HON’BLE MRS. JUSTICE S SUJATHA
HON’BLE MR.RAKESH KUMAR GUPTA
1. Shri Arun Kumar Pathak,
S/o Late Lakshman Pathak,
Aged about 56 years,
Residing at House No.28,
11th Cross, BHEL Layout,
Chikkabettahalli,
Bangalore
2. Smt. Ambili T.,
W/o C.K.Vasudevan Unni,
Aged about 51 years,
Residing at House No.26,
Vrindavanam,
M S Palya, Vidyaranyapura P.O.,
Bangalore
3. Smt.Rekha H.,
W/o Natraj C.,
Aged about 37 years,
Residing at # 451, Ranganatha Nilaya,
3rd main, Kempegowda Nagar,
1
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00
DATED THIS THE 15th DAY OF
HON’BLE MRS. JUSTICE S SUJATHA
HON’BLE MR.RAKESH KUMAR GUPTA
Arun Kumar Pathak,
S/o Late Lakshman Pathak,
Aged about 56 years,
Residing at House No.28,
Cross, BHEL Layout,
Chikkabettahalli,
Bangalore – 560 097.
Smt. Ambili T.,
W/o C.K.Vasudevan Unni,
Aged about 51 years,
Residing at House No.26,
Vrindavanam, Maruti Layout,
M S Palya, Vidyaranyapura P.O.,
Bangalore – 560 097.
Smt.Rekha H.,
W/o Natraj C.,
Aged about 37 years,
Residing at # 451, Ranganatha Nilaya,
main, Kempegowda Nagar,
OA No.388/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00388/2022
DAY OF FEBRUARY, 2023
HON’BLE MRS. JUSTICE S SUJATHA
...MEMBER(J)
HON’BLE MR.RAKESH KUMAR GUPTA
...MEMBER(A)
Residing at # 451, Ranganatha Nilaya,
T.Dasarahalli,
Bangalore
4. Ms. Rathy Balakrishnan,
D/o M.Balakrishnan,
Aged about 50 years,
Residing at # 1256 Krishna,
Kaliamman Temple Road,
5th Cross, T.Dasarahalli,
Bangalore
5. Smt.Deepthi Francis,
W/o Francis P.V.,
Aged about 51 years,
Residing at # Angelia Nivas,
Near Lakshmi Temple,
Pipeline R
Chikkabanawara (PO),
Bangalore
6. Ms. Smrithi Ranjith,
W/o K.Ranjith Kumar,
Aged about 52 years,
Residing at A1 1065,
Shobha Ruby Platinum,
8th Mile, Tumkur Road,
Bangalore
7. Smt.Chitradevi R.Warrier,
W/o Rama Warrier
Aged about 51 years,
Residing at # B
Nagarjuna Aster Park,
Near Mother Dairy,
2
T.Dasarahalli,
Bangalore – 560 057.
Ms. Rathy Balakrishnan,
M.Balakrishnan,
Aged about 50 years,
Residing at # 1256 Krishna,
Kaliamman Temple Road,
Cross, T.Dasarahalli,
Bangalore – 560 057.
Smt.Deepthi Francis,
W/o Francis P.V.,
Aged about 51 years,
Residing at # Angelia Nivas,
Near Lakshmi Temple,
Pipeline Road, Abbigere,
Chikkabanawara (PO),
Bangalore – 560 090.
Smrithi Ranjith,
W/o K.Ranjith Kumar,
Aged about 52 years,
Residing at A1 1065,
Shobha Ruby Platinum,
Mile, Tumkur Road,
Bangalore – 560 073.
Smt.Chitradevi R.Warrier,
W/o Rama Warrier K.R.,
Aged about 51 years,
Residing at # B-404,
Nagarjuna Aster Park,
Near Mother Dairy,
OA No.388/2022
Yelahanka New Town,
Bangalore
8. Smt.Sheeba K.Kurian,
W/o K.I.Kuriappan,
Aged about 54 years,
Residing at # FOF
4th Floor, Ajantha Vihar Apartments,
Yelahanka New Town,
Industrial Area,
Bangalore
9. Smt.P.S.Manju,
W/o P.K.Sankaranarayana
Aged about 50 years,
Residing at “The Retreat”,
35/1, 2
Chikkabommasandra,
Yelahanka New Town,
Bangalore
(ByAdvocate
1. The Union of India,
Ministry of Education,
Government of India,
18, Institutional Area,
Shaheed Jeet Singh Marg,
New Delhi
2. Kendriya Vidyalaya Sangathan,
An Autonomous Body under
3
Yelahanka New Town,
Bangalore – 560 065.
Smt.Sheeba K.Kurian,
W/o K.I.Kuriappan,
Aged about 54 years,
Residing at # FOF-02,
Floor, Ajantha Vihar Apartments,
hanka New Town,
Industrial Area,
Bangalore – 560 064.
Smt.P.S.Manju,
W/o P.K.Sankaranarayanan,
Aged about 50 years,
Residing at “The Retreat”,
35/1, 2nd Cross, 3rd Main,
Chikkabommasandra,
Yelahanka New Town,
Bangalore – 560 065.
ByAdvocate Ms.Deeksha N)
Vs.
Union of India,
Ministry of Education,
Government of India,
18, Institutional Area,
Shaheed Jeet Singh Marg,
elhi – 110 016.
Kendriya Vidyalaya Sangathan,
An Autonomous Body under
OA No.388/2022
.... Applicant
Ministry of Education,
Government of India,
18, Institutional Area,
Shaheed Jeet Singh Marg,
NEW DELHI
Represented by Deputy Commissioner
3. Kendriya Vidyalaya,
No.2, Air Force Station,
Jalahalli East,
Bangalore
Represented by Principal.
4. Kendriya Vidyalaya,
No.1, Jalahalli West,
AFS, Bangalore
Represented
5. Kendriya Vidyalaya,
Rail Wheel Factory,
Yelahanka,
Bangalore
Represented by Principal.
(By Advocate Shri Vishnu Bhat)
4
Ministry of Education,
Government of India,
18, Institutional Area,
Shaheed Jeet Singh Marg,
NEW DELHI – 110 016,
Represented by Deputy Commissioner.
Kendriya Vidyalaya,
No.2, Air Force Station,
Jalahalli East,
Bangalore -560 014,
Represented by Principal.
Kendriya Vidyalaya,
No.1, Jalahalli West,
AFS, Bangalore – 560 015,
Represented by Principal,
Kendriya Vidyalaya,
Rail Wheel Factory,
hanka,
Bangalore – 560 064,
Represented by Principal.
(By Advocate Shri Vishnu Bhat)
OA No.388/2022
…Respondents
Per: Justice S.Sujatha ...........Member(J)
The applicants have filed this application under Section 19
of the Administrative Tribunals Act, 1985 seeking the following
reliefs:
“(i)
11019/34/2022
Annexure A2 and set aside the same in so far it relates to the
applicants
(ii)
circumstances of the case.”
2.
the first
in 3rd Respondent institution. The applicants no.3 to 6 are working as
primary school teachers in 4
are transferred as per the transfer order dated 1
Respondent No.1. Since the issue involved herein are common and
akin, the applicants have filed the single application challenging the
transfer order dated 1
different places in India.
5
The applicants have filed this application under Section 19
“(i)
Call
for
records
11019/34/2022-Estt-II/4096-6274
applicants; and
(ii)
Grant such other further relief as may deem fit in the
circumstances of the case.”
Briefly stated the facts as narrated by the applicants are that
and second applicants are working as primary school teachers
Respondent institution. The applicants no.3 to 6 are working as
primary school teachers in 4th Respondent institution.
transfer order dated 16.09.2022 (Annexure A2) transferring them to
different places in India.
ORAL)
Per: Justice S.Sujatha ...........Member(J)
The applicants have filed this application under Section 19
Call
for
records
the
order
F.No.11-E-
dated
16.09.2022,
Grant such other further relief as may deem fit in the
the facts as narrated by the applicants are that
s are working as primary school teachers
Respondent institution. The applicants no.3 to 6 are working as
Respondent institution. These applicants
are transferred as per the transfer order dated 16.09.2022 issued by
(Annexure A2) transferring them to
3.
submitted that the respondents in an indiscriminate manner have
adopted “pick and chose” method and transferred the applicants without
providing substitutes to their place. The indiscriminate transfer order
during the middle of the academic year is affecting students in their
studies and also the family of the applicants. Learned Counsel
submitted that the said transfer order is not i
transfer guidelines of KVS, 2021. Learned Counsel placing reliance
on the order of the CAT, Ahmedabad Bench in OA No.347/2022 and
connected matters (DD 16.01.2023) submitted that the transfer order
impugned deserves to be set aside.
4.
respondents referring to the reply statement filed on behalf of the
respondents argued that the transfer order dated 1
passed transferring the applicants to various places due to
administrative exigencies in the interest of the school concerned as
indicated in the impugned order of transfer. The applicants hold a
transferrable post and is liable to be transferred anywhere in India and
that the applicant has no vested right to be pos
6
Learned Counsel Ms.Deeksha appearing for the applicant
submitted that the respondents in an indiscriminate manner have
adopted “pick and chose” method and transferred the applicants without
providing substitutes to their place. The indiscriminate transfer order
during the middle of the academic year is affecting students in their
studies and also the family of the applicants. Learned Counsel
submitted that the said transfer order is not i
transfer guidelines of KVS, 2021. Learned Counsel placing reliance
on the order of the CAT, Ahmedabad Bench in OA No.347/2022 and
connected matters (DD 16.01.2023) submitted that the transfer order
impugned deserves to be set aside.
Learned Counsel Shri Vishnu Bhat representing the
respondents referring to the reply statement filed on behalf of the
respondents argued that the transfer order dated 1
passed transferring the applicants to various places due to
inistrative exigencies in the interest of the school concerned as
indicated in the impugned order of transfer. The applicants hold a
transferrable post and is liable to be transferred anywhere in India and
that the applicant has no vested right to be pos
Learned Counsel Ms.Deeksha appearing for the applicant
submitted that the respondents in an indiscriminate manner have
adopted “pick and chose” method and transferred the applicants without
providing substitutes to their place. The indiscriminate transfer order
during the middle of the academic year is affecting students in their
studies and also the family of the applicants. Learned Counsel
submitted that the said transfer order is not in conformity with the
transfer guidelines of KVS, 2021. Learned Counsel placing reliance
on the order of t
