Transfer orders must be executed or modified timely with valid reasons; unjustified cancellation post-execution is unlawful.

CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH JABALPUR This the 15^th day of July, 2025 Original Application No. 122 of 2022 HON’BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER Ojasvita Badgota, W/o Shri Ashish, Occ. Primary Teacher, Kendriya Vidyalaya, Ujjain, date of birth – 23.08.1995, R/o Kendriya Vidyalaya Staff Quarter No. 8, Ujjain (M.P) - 456010. …….Applicant Advocate for the applicant: Ms. Kaushiki Sharma, holding brief of Shri Akash Choudhury V E R S U S Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional Area, Shaheed Jeet Singh Marg, New Delhi - 110001.

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Assistant Commissioner (Estt.) II/III, Kendriya Vidyalaya Sangathan, Headquarter, Institutional Area, Shaheed Jeet Singh Marg, New Delhi -

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110001.

Principal, Kendriya Vidyalaya Ujjain (M.P) - 456010. ……Respondents

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Advocate for the respondents: Shri Pankaj Dubey O R D E R The instant original application has been directed against the order dated 07.01.2022 (Annexure A-1) by which the transfer order of the applicant from Kendriya Vidyalaya, Rae Bareily No. 1 to Kendriya Vidyalaya, Ujjain has been cancelled on her own request.

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2. The applicant while working as Primary Teacher at Kendriya Vidyalaya Raebareili No. 1 was transferred to Kendriya Vidyalaya, Ujjain vide order dated 17.10.2021 (Annexure A-3). Thereafter, she preferred representation dated 23.10.2021 before respondent no. 2 requesting to cancel her transfer and to retain her at Raebareli. In the meanwhile the applicant was relieved on 02.11.2021 and she joined at Kendriya Vidyalaya, Ujjain on 08.11.2021. Despite the aforesaid fact, the respondents vide order dated 07.01.2022 cancelled her transfer from on her own request which was made vide her representation dated 23.10.2021. The applicant is challenging the validity of the order dated 07.01.2022 on the ground that the action of the respondents is unjustified, arbitrary and against the law.

3. The learned counsel for the applicant submitted that though the applicant preferred representation dated 23.10.2021 to cancel her transfer but during pendency of the representation, she was relieved on 02.11.2021 and she joined at Kendriya Vidyalaya, Ujjain on 08.11.2021. Learned counsel for the applicant r submitted that once the applicant has been relieved from the place for which she has tendered her request for cancellation and joined at transferred place, the request for cancellation of transfer has been deemed to have rejected or not acceded to. Learned counsel for the applicant also cited the judgment dated 17.10.2019 Page 2 of 8 passed by Hon’ble High Court of Madhya Pradesh in Writ Petition No. 19117 of 2019 – Santosh Kumar Sihare Vs. State of M.P & Others – 2019 SCC online MP 5576 and submitted that once the transfer order has been executed by the applicant and that to after relieving order issued by the respondents themselves and her joining has been accepted at the transferred place, then the same should not have cancelled.

4. Per contra, the respondents have filed reply refuting the claim of the applicant. The respondents have contended that vide order dated 17.10.2021, the applicant was transferred from K.V 1, Rae Bareily to KV, Ujjain on her request. But after the transfer order was issued, she again preferred representation dated 23.10.2021 requesting to cancel her transfer from KV 1, Rae Bareily to Ujjain due to family problems. The same was forwarded to the Headquarter but before the out come of her representation, she has been relieved from KV 1, Rae Bareily on 02.11.2021 and joined at KV, Ujjain on 08.11.2021. Learned counsel for the respondents submitted that after joining at KV Ujjain, the applicant has not moved any application for withdrawal of her earlier representation dated 23.10.2021 submitted