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OA No.2882 of 2022

Court No.6 (item No.09)

Central Administrative Tribunal

Principal Bench

OA No.2882/2022

Reserved on: 22.03.2023

Pronouncement on: 27 .3. 2023

Hon’ble Dr.Chhabilendra Roul, Member (A)

1. All India Kendriya Vidyalaya Teacher’s

Association

Through it’s Assistant General Secretary

Sh. Narayan Lal (Aged about 56 years)

S/o Late Sh. Phonu Saw

R/o EB-106, IInd Floor

Maya Enclave, Hari Nagar

South West Delhi-64.

Applicant.

(Through Advocate: Mr.Yadunandan Bansal with

Mr.Upender Kumar)

Versus

1.

Kendriya Vidyalaya Sangathan

Through It’s Commissioner

18, Institutional Area,

Shaheed Jeet Singh Marg, New Delhi-16

Tel:011-26858570, www. Kvsangathan.nic.in

2.

Joint Commissioner (Admn-1)

Kendriya Vidyalaya Sangathan

18, Institutional Area,

Shaheed Jeet Singh Marg, New Delhi

3.

The Assistant Commissioner(Estt.2/3)

Kendriya Vidyalaya Sangathan

18, Institutional Area,

Shaheed Jeet Singh Marg, New Delhi

-Respondents

(Through Advocate: Mr.S. Rajappa with Mr.

R.Gaurishankar)

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OA No.2882 of 2022

Court No.6 (item No.09)

O R D E R

By Hon’ble Dr.Chhabilendra Roul, Member (A):-

1. The present applicant, through its General

secretary , Sh Narayan Lal has challenged the Order

F.N. 11-E -11019 / 34/ 2022 -Estt-II/2431 dated

12.9.2022 by the Respondent Kendriya Vidyalaya

Sangathan suspending the annual transfer Process

and administrative transfers effecting rationalization

of redistribution of teaching staff vide order F.N. 11-E

-11019/34/2022-Estt-II/1798—2430

dated

12.9.2022, vide order No F.N. 11-E -11019/34/ 2022-

Estt-II/2432-4095 dated 13.9.2022 and vide order

No F.N. 11-E -11019/34/2022-Estt-II / 9096-6274

dated 16.9.2022.

2. Brief facts of the case are that the Respondent

No. 2, i.e., Joint Commissioner (Admn.1) issued and

published order No F.N. 11-E -11019/34/2022-Estt-II/

2431 dated 12.9.2022, vide which annual transfer

process of KVS had been suspended for the academic

session 2022-23. Simultaneously, this order also

stated that only administrative transfers would be

effected

for

the

purpose

of

redistribution

and

rationalization of teaching staff of Kendriya Vidyalaya

Sangathan’s Clause - 6 of the Transfer Guidelines,

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OA No.2882 of 2022

Court No.6 (item No.09)

2021 was kept in abeyance. The KVS authorities

issued three sets of Transfer and Posting Orders. The

first one was issued on 12.9.20212 itself bearing order

No. F.N. 11-E -11019/34/2022-Estt-II/ 1798-2430

involving 193 PGT teachers. Subsequently, the

Respondent No.2 issued transfer and posting orders

involving 545 TGT teaches vide order No. F.N. 11-E -

11019/34/2022-Estt-II/ 2432-4095 dated 13.9.2022.

The third lot of transfers order was issued on

16.9.2022 involving 717 Primary Teachers/PRT

teachers vide order No. F.N. 11-E -11019 /34/ 2022-

Estt-II/ 4096-6274. In all these transfer orders, the

following reason was mentioned:-

“With the approval of the Competent Authority,

the following teachers are hereby transferred from

the KV mentioned in Column No.7 to the KV

mentioned in Column No.10 on administrative

ground, for the purpose of rationalization and

redistribution of existing teaching staff, and in

order to ensure that at least 50 % of regular staff

are available in all KVs across the country.”

3. The

Applicant

Association

submitted

a

representation

(Annexure-A/2)

dated

13.9.2022

alleging arbitrariness in issuing the transfer order

12.09.2022 and also suspending Clause-6 of the

Transfer Guidelines of 2021. The applicant Association

has alleged that the Respondents have not informed

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OA No.2882 of 2022

Court No.6 (item No.09)

them

regarding

the

action

taken

on

their

representation.

The

representation

mentioned

a

meeting dated 2.9.2022 between the KVS officials and

the applicant Association in which the applicant

Associatio