SWATANTRATA GOYAL Vs. ADDL. DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) This is a very, very unfortunate case where litigation in different hierarchies of the courts has been going on for more than 10 years with respect to a mere transfer order of the Petitioner, who is a School Teacher. On 7th Oct., 1998, the Petitioner was transferred from Patiala (Punjab) to Raiwala, Dehradun (Uttarakhand). The contention of the Respondents is that before the Petitioner could join at Raiwala, vide an order dated 31st Oct., 1998, her transfer from Patiala to Raiwala was cancelled with a result that she was required to resume duties at Patiala. The Petitioner filed a Civil Suit in the Civil Court at Dehradun complaining against her not being allowed to join at Raiwala and obtained an ad-interim injunction against the Respondents. Thereafter, various rounds of litigation followed ultimately culminating in the passing of an order dated 18th May, 2006 by the learned Addl. District Judge, whereby the interim injunction obtained by the Petitioner against the Respondents was vacated.

(2.) Under Sec. 14 of the Administrative Tribunals Act, 1985 ("1985 Act" for short), with respect to any service matter, the jurisdiction exclusively vests in the Central Administrative Tribunal constituted under the said Act. It is the undisputed case of the parties before me that Administrative Tribunal, Allahabad Bench has the territorial jurisdiction in the present case. Under Sub-section (2) of Sec. 14 of the aforesaid 1985 Act, the Central Government has the power to apply the provisions of the Act to local or other authorities. Vide Notification dated 17th Dec. 1998 issued vide GSR 748 (E), in exercise of the aforesaid power under Sub-section (2) of Sec. 14 of the Act, the Central Government has applied the provisions of the Act to the organisations mentioned in the said Notification. Kendriya Vidyalaya Sangathan figures at Serial No. 34 of the said Notification. 1st Jan., 1999 is the date fixed in the said Notification, whereby the provisions of 1985 Act have been made applicable to Kendriya Vidyalaya Sangathan, apart from the other organisations mentioned in the said Notification.

(3.) As per Sec. 29(2) of the aforesaid 1985 Act, the proceedings in the present case have to be transferred to Central Administrative Tribunal, Allahabad.