VIPIN KUMAR MAURYA Vs. KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) THE present Original Application is preferred by the applicant u/s. 19 of the AT Act, with the following reliefs: -

(2.) THE brief facts of the case are that the applicant was directly selected and appointed to the post of TGT in Kendriya Vidyalaya Sangathan (in short KVS) and was posted at Kendriya Vidyalaya Dhar, Fort Campus, Chankyapuri, District -Dhar, M.P. in 1997 where he worked from 13.11.1997 to 1.9.2003 and thereafter, in 2003, the applicant was transferred to Kendriya Vidyalaya, Nepa Nagar, M.P. where he joined on 4.9.2003 and continued to work upto 6.3.2007. Learned Counsel for applicant has also pointed out that the applicant was thereafter transferred to Manipur which is a North East Hard Station where he continued upto 21.8.2007 and while he was posted at Manipur, he made a request for transfer and was transferred back from Manipur to M.P. again, where he joined on 23.8.2007 and continued upto 30th June, 2010. The learned Counsel for applicant has also pointed out and argued that since the applicant successfully completed his tenure of 3 years at a Hard Station, Jhabua, M.P., requested for his transfer and posting at his own choice of places. Accordingly, the applicant was transferred and posted to Kendriya Vidyalaya, Bakshi Ka Talab, AFS, Lucknow, U.P. where he joined on 3.7.2010 and remained posted upto 20th July, 2010. Subsequently, the said transfer was modified and the applicant was posted to Kendriya Vidyalaya, IIM, Lucknow. Where he joined on 21.7.2010 and continued upto passing of relieving order dated 10.10.2013.

(3.) LEARNED Counsel appearing on behalf of the respondents has taken us to Para 13 of the transfer guidelines which provides for Power of Relaxation of Guidelines and also pointed out that the Commissioner with the approval of the Chairman, KVS shall be the sole Competent Authority to transfer any employee to any place in relaxation of any or all of the above provision. It is also mentioned on behalf of the respondents that the respondent No. 4 who is transferred from Tengavalley to IIM, Lucknow has already joined on 10.10.2013 and there is no additional post available in IIM Lucknow where the applicant can be adjusted and the applicant also stands relieved on 10.10.2013. It is also pointed out by the learned for the respondents that he don't have any instruction that the applicant has submitted any leave application after 10.10.2013 i.e. the date of his relieving. The learned Counsel for the respondents has taken us to the Education Code and he has also pointed out that the Kendriya Vidyalaya Sangathan is an Autonomous body set up by the Ministry of Education, Govt. of India and registered as a Society, under the Society Registration Act, 1986. The respondents have also indicated the objectives of the Sangathan and for the functioning of the Sangathan, a Board of Governors has been constituted as well as Education Code has been framed which provides rules and regulations for the Kendriya Vidyalaya, and the Board of Governors has subsequently approved the same. He has taken us to the certain provisions of the aforesaid Education Code which provides that the employees of Kendriya Vidyalaya Sangathan is liable to be transferred any where in India. Apart from this, it is also pointed out by the learned Counsel for the respondents that after serving at the hard station tenure of 3 years from 2007 till June 2010, the applicant was given the choice posting at Lucknow on 3.7.2010 and after completing the period of three years, he has again been transferred from Lucknow.