CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH O.A. No.1111/2023 Chandigarh, this the 08.08.2024 HON’BLE SH. RAMESH SINGH THAKUR MEMBER (J)

Smt. Neeti Madaan, PGT Commerce, Employee Code 24904, aged 46 years, W/o Arun Soni, working at Kendriya Vidyalaya Sangathan, KV Nahra ( Sonipat )

Group B Applicant (BY ADVOCATE: SH. JAGDEEP JASWAL )

VERSUS

1. Kendriya Vidyalaya Sangathan through its Commissioner, 18, Institutional Area, Shahid Jeet Singh Nagar, New Delhi-110016.

2. Principal, Kendriya Vidyalaya Sangathan, KV Nahra (

Sonipat )

…..…Respondents (BY ADVOCATE: SH. R.K.SHARMA )

O R D E R(Oral)

Per: SH. RAMESH SINGH THAKUR MEMBER (J):

1. This OA has been filed against the order dated 03.08.2023 Annexure A-1 whereby, the applicant has been transferred from KV Nahara ( Sonipat ) to KV Balaghat ( Madhya Pradesh ) and also against order dated 30.10.2023 Annexure A-8, whereby the representation of the applicant has been rejected and also against the relieving order dated 31.10.2023 Annexure A-9. From the pleadings, the case of the applicant is that the applicant is a regular employee of KVS since 25.09.2022 and is presently working as PGT Commerce. The applicant is working as such at KV Nahara since 22.08.2014. Vide impugned order dated 30.10.2023, the applicant has been transferred to KVS Balaghat Madhya Pradesh situated at 1100 Km. The contention of applicant is that the applicant made representation qua impugned order of the transfer to the competent authority for modification of transfer order on compassionate grounds as she is only daughter of her ailing mother who is more than 80 years old and is bed ridden. The applicant submits that her mother is suffering from several diseases and undergoing treatment at Delhi which requires hospitalisation and regular medication.

The medical certificates of her mother is annexed at Annexure A-4. The applicant further submits that the claim of applicant is covered by various OMs issued by DoPT. The applicant has further submitted that she made representation dated 03.08.2023 to respondent no. 1 requesting that the applicant be posted at KV Delhi so that she can take care of her age old mother and submitted her options of transfer at KV Delhi, KV Manesar, KV Rohtak, KV Jajhar, and KV Hindon which are situated near to her station . In pursuance to order dated 11.08.2023 passed by this Tribunal in OA 744/2023, the Bench directed the respondents to decide her representation as well as additional representation by passing a reasoned and speaking order within a period of 10 days. The applicant submitted detailed representation dated 14.08.2023 Annexure A-6 which was rejected by the competent authority on 30.10.2023 and passed relieving order on 31.10.2023. The applicant submitted another representation dated 03.11.2023 Annexure A-10, stating that one post of PGT Commerce is also vacant at KV Pushpa Vihar Delhi.

2. The main ground for challenging the action of respondents is that respondents have rejected earlier representation in a mechanical manner, whereas, the case of applicant is covered by Dopt guidelines. Learned counsel for applicant has submitted that the case of applicant is covered under the policy decision regarding the transfer of the employees and the action of respondents’ department is against the policy of transfer of employee and this action can cause irreparable loss of separation to applicant. It has been further stated by applicant that there is no administrative exigency of public interest and specifically due to serious ailing conditions of her mother, she could not move to KVS Balaghat Madhya Pradesh at this stage.

3. Respondents have filed reply to this stating that transfer has been done in accordance to transfer policy and transfer is condition of service. Respondents have further stated that an employee has no vested right to get the posting at a particular place and the representation dated 03.08.2023 submitted by applicant already stands disposed of vide order dated 30.10.2023.