SMT. CHITRA MUKUNDAN Vs. UNION OF INDIA THROUGH ITS SECRETARY, THE COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN (HQ) AND THE ASSISTANT COMMISSIONER (ADMN) (ESTT.), KENDRIYA VIDYALAYA SANGATHAN (HQ)

JUDGEMENT

(1.) IN this Original Application, the Applicant has challenged the Annexure -A Office Order No. F. 11042/1 -1/2012 -KVS (Estt. I) dated 15.11.2012 issued to her by the Respondent No. 3 rejecting her representation dated 19.10.2012 addressed to the 2nd Respondent requesting modification of their earlier order dated 01.10.2012 posting her on appointment as Principal at Kendrya Vidyalaya (K.V. for short), Churchandpur followed by the modified Office Order dated 19.10.2012 posting her at Silchar. She is also aggrieved by the subsequent Memorandum dated 31.12.2012 withdrawing her offer of appointment itself on her failure to join duty at Silchar within the prescribed time limit. The relevant facts in this case are that the Applicant has been working as a Post Graduate Teacher (PGT for short) (Commerce) and she was posted at K.V. Gole Market, vide order dated 10.03.2000. During the course of her employment, she applied for the post of Principal in Kendriya Vidyalayas under Direct Recruitment quota in response to the Respondent's notification in the Employment News 11 -17 February, 2012. Total number of posts advertised were 350. After the examination for the aforesaid post, Respondent No. 3 issued Memorandum dated 01.10.2012 enclosing therewith a list of 122 selected candidates for the year 2011 -12. Out of them, 62 candidates belong to general category, 18 to SC category, 9 to ST category and 33 to OBC category. Under the general category, the Applicant's position was at Sl. No. 2. Accordingly, vide Annexure -D Office Order dated 01.10.2012, she was offered appointment to the post of Principal and she was initially posted to K.V. School at Churchandpur in Manipur State. Expressing her difficulties to join duty there on the ground of family circumstances, she made a representation dated 19.10.2012 to the Respondent No. 2 requesting for modification of the said posting order and to post her either in any of the Regions at Delhi, Bangalore or Chennai. Meanwhile, the Respondent No. 2, for administrative reasons modified the aforesaid order and posted her at Silchar in Assam. Vide Annexure -A Office Order dated 15.11.2012, the Respondents have also rejected her aforesaid request for posting and directed her to join her duties at Silchar latest by 26.11.2012. By the said order, she was also informed that, on her failure to join duty as aforesaid, the offer of appointment made to her on 01.10.2012 itself will be withdrawn. She has, therefore, made another representation dated 14.12.2012 to the Respondent No. 2 stating that while accepting the offer of appointment, her preference was to post her (i) in any K.V. in Chennai, (ii) in K.V. in Kalpakkam No. 1, (iii) in K.V. at Rail Wheel Factory, Yelahanka, and (iv) in K.V. in Aravankadu. She has also submitted that her husband is a 1984 batch officer of Indian Railway Police Service and his case was being processed for posting to Southern Railway/Chennai. However, vide the impugned Memorandum dated 31.12.2012, the Respondent No. 3 informed her that the aforesaid order of appointment to the post of Principal has been withdrawn.

(2.) THE Applicant has challenged the aforesaid order stating that it is arbitrary and whimsical as she has not been given any opportunity of being heard. Further, she has stated that once she has accepted the offer of appointment and requested for a posting on spouse ground, the Respondents should have considered it, instead of withdrawing the offer of appointment in such an arbitrary manner. She has, therefore, made an appeal dated 03.01.2013 for restoration of the offer of appointment as Principal and to post her at Chennai, as her husband has since been posted as Senior Deputy General Manager, Southern Railway and also in view of the fact that Respondent -K.V.S. itself has accepted the requests for change of place of postings of several other candidates and a vacancy was also available at Kalpakkam No. 1. She has also pointed out specifically that even though in para 14 of Article 71 of Education Code for the K.V., it has been stated that upon promotion or direct recruitment as Principal, an officer shall necessarily be posted to a different State other than the one where he/she was posted or domiciled, the following teachers junior to her in the merit list have been retained in the same State in contravention of the Rules :-

(3.) THE Respondents have filed their reply stating that the Applicant was offered appointment to the post of Principal vide Memorandum dated 01.10.2012 on direct recruitment basis. Initially, she was posted to K.V., Churchandpur which was later on modified to K.V., Silchar due to administrative reasons. She was required to join duty there by 30.10.2012. They have also stated that her request for modification in her place of posting was considered by the competent authority but it could not be acceded to and accordingly, she was informed vide order dated 15.11.2012 and directed her to join duty by 26.11.2012, failing which the offer of appointment made to her will be withdrawn. As she did not join duty within the due time, the offer of appointment was withdrawn vide order dated 31.12.2012.