V K KUMAR Vs. KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) The question for decision in this Civil Revision and in Civil Revision Nos. 434 and 435 of 1982 under Section 115 of the Code of Civil Procedure is : Whether respondent-defendant No. I is to be restrained from transferring the plaintiff petitioner in the three cases outside Delhi, during the pendency of the suits for declaration and injunction filed by them challenging the order of transfer?

(2.) Briefly the facts in C. R. No. 433 of 1982 are that defendant-respondent No. 1 Kendriya Vidhalaya Sangathan (hereinafter referred to as 'the Sangathan') an autonomous body, was set up by the Ministry of Education and was registered as a society in 1965, under the Societies Registration Act, 1860. The Sangathan at present is running 366 Kendriya Vidhyalayas (hereinafter referred to as 'K.V.') all over the country. The Sangathan has its own rules and regulations, contained in a book titled 'Education Code for Kendriya Vidhyalayas'.

(3.) The plaintiff was appointed as an Assistant on 25th May, 1972 by the Sangathan and he was confirmed as such on 25th May, 1974. K. L. Sachdeva, defendant-respondent No. 2 was taken on deputation by the Sangathan as an Assistant with effect from 1st February, 1971. He was absorbed in the Sangathan and confirmed as an Assistant on 1st February, 1975. In November, 1976 a provisional seniority list of 'Assistants' was issued wherein defendant No. 2 was shown as senior to the plaintiff. A representation was made that the plaintiff was senior to defendant No. 2 as he was confirmed as Assistant earlier i.e. 25th May, 1974 while defendant No. 2 was confirmed from 1st February, 1975. The matter was referred by the Sangathan to the Government of India, Ministry of Home Affairs. It was held that defendant No. 2 could not be given benefit of deputation period for the purposes of seniority and that plaintiff would rank senior to defendant No. 2.