MANJU SHARMA Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 28 th September, 2015 passed by the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal' for short) by which an OA filed by the petitioner stands dismissed as also the order of 4th December, 2015 passed in the review application filed by the petitioner herein which was also dismissed.

(2.) Necessary facts to be noticed for disposal of this writ petition as urged by the petitioner are that the petitioner was appointed as PGT (Commerce) by the Kendriya Vidayalay Sangathan (KVS) Delhi region on 8 th February, 1988. Her first posting was at Kendriya Vidyalaya (KV) No. 1, Air Force Station (AFS), Gurgaon and thereafter, she has worked in various KVS schools in Delhi. In the year 2011, she was transferred from K.V., New Friends Centre, Vigyan Vihar, Delhi to K.V. Janak Puri, New Delhi. Thereafter, on 3rd October, 2011, the petitioner was transferred from K.V., Janak Puri, New Delhi to K.V., Haldwani in Uttrakhand during mid -session. Although, her transfer was stated to be in public interest but according to her, she suffered serious financial hardship. Her husband, at that point of time was posted in Hong Kong, her un -married daughter was posted in Pune and she was also looking after her old mother -in -law. However, she complied with the order and remained at Haldwani for the entire period of two and half years.

(3.) On 4th March, 2014, the petitioner was transferred to K.V., New Friends Centre, Vigyan Vihar, Delhi under clause 13 of the KVS Transfer Guidelines. Within a period of three months of the order dated 4 th March, 2014, the petitioner was transferred again to Pulwas in Bhiwani, Haryana on the ground of being declared surplus in the said staff, though, she was not surplus in the said school. On 28th May,2014 on the very next date of her transfer to Kendriya Vidayalaya Paluwas, the order of her transfer dated 27th May, 2014 was modified by a corrigendum posting her to K.V. No. 1, AFS (2nd shift) Gurgaon. The said corrigendum also posted a substitute in place of petitioner to the post of PGT (Commerce), namely Smt. Pooja Rani, who was initially posted to K.V. No. 1, AFS Gurgaon to KV, New Friends Centre, Vigyan Vihar, Delhi in place of the petitioner.