SHEEKHA AHLUWALIA Vs. KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) The present batch of writ petitions under Articles 226 and 227 of the Constitution of India seek to assail different but similar orders passed by the learned Central Administrative Tribunal. Vide the impugned orders, while issuing notice in the original applications preferred by the petitioners challenging their transfer orders issued by the respondents, the learned Tribunal has failed to grant them any interim protection thereby leading to a situation whereby these petitioners, despite continuing on the rolls of the respondents, are not rendering service in any school whatsoever.

(2.) It is the common case of the parties that the transfer policy dtd. 12/9/2022 pursuant whereto the transfer orders assailed by the petitioners by way of O.As pending before the Tribunal stands quashed by the Jabalpur Bench of the Madhya Pradesh High Court on 19/10/2023. The said order of the Jabalpur Bench was assailed before the Apex Court by way of SLP (Civil) No. 245825/2023, which petition has been disposed of vide order dtd. 19/3/2024 by accepting the proposal of the respondents to recall all the transfer orders issued under the transfer policy dtd. 12/9/2022 and issue a fresh transfer policy. In terms of these directions issued by the Apex Court, the respondents are required to display the available vacancies as on 31/1/2024 on its website so that all the concerned teachers can give three options. We are informed that a circular in accordance with these directions of the Apex Court has already been issued by the respondents on 27/3/2024.

(3.) Learned counsel for the respondents submits that now that the petitioners are required to submit fresh options and the transfer orders assailed by them before the learned Tribunal stand withdrawn, nothing survives for adjudication in the present petitions. He, therefore, prays that the petitions be disposed of by directing the petitioners to submit their fresh options in accordance with the circular dtd. 27/3/2024.