KENDRIYA VIDYALAYA SANGATHAN Vs. DAMODAR PRASAD PANDEY

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties.

(3.) The respondent No.1, while working as a teacher in Sanskrit in Kendriya Vidyalaya Sangathan, (AOC) Jabalpur, M.P. questioned his transfer to J and K. Smt. Sushila Pandey, respondent No.5 in the present appeal was transferred to Jabalpur in place of respondent No.1. The respondent No.1 filed Original Application before the Central Administrative Tribunal, Jabalpur (in short Tribunal). The transfer order was mainly assailed on the ground of alleged mala fides and to be a punitive transfer issued in colourable exercise of power. The Tribunal noticed that the allegations of mala fides were not established and the transfer was not vitiated on any score. Plea of the present respondent No.1 that he and wife should be posted at same place was also held to be not acceptable. It was observed that the situation where the husband and the wife can be kept together would always depend upon the availability of vacancies and administrative exigencies. It was noted that the present respondent No.1 and his wife had worked together for nearly 17 years at a particular place. It was noticed that respondent No.5 had worked in J and K for about 15 years and she was being given a posting to come back to M.P., i.e., to her original place of posting. The original application was dismissed. The order of dismissal was challenged before the High Court of M.P. at Jabalpur. The High Court noted that there was no reason to disturb the transfer of 5th respondent and also held that there was no illegality in the order of transfer so far as the respondent No.1 is concerned. After having come to such a conclusion, the High Court gave a direction that the present respondent No.1 shall be given a posting in the State of M.P. It is this part of the direction given by the High Court which is assailed by the appellant Kendriya Vidyalaya Sangathan. There is no appearance on behalf of the respondent. There was an interim order of stay passed by this Court on 19.3.2004 so far as the order of the High Court is concerned.