ISHAN BHAMRI Vs. KENDRIYA VIDHYALAY SANGATHAN

JUDGEMENT

(1.) The petitioner serving as LDC, Kendriya Vidyalaya No. 1, Gwalior, is before this Court with a grievance that while his wife is also serving as a Teacher in the same school, petitioner has been transferred to Mandapam (Tamil Nadu) vide order dtd. 4/8/2023.

(2.) It appears that the petitioner preferred a representation against the said transfer vide his representation dtd. 5/8/2023 (Annexure P-6). The same remained undecided. Under such circumstance, petitioner approached Central Administrative Tribunal (CAT) against the impugned transfer order relying upon clauses contained in Part -A, Part I-B of the transfer policy in-vogue in relation to transfer read with circular dtd. 30/9/2009. The CAT though issued notices and called upon respondent to file reply, however, vide impugned order dtd. 11/10/2023 has fixed the case for further consideration on 7/2/2024 during circuit sitting at Gwalior.

(3.) Shri Ankur Mody, learned counsel for the petitioner, has made a fair submission to the effect that in cases of grievances against transfer, due indulgence is given by this Court and other forums expeditiously, as with passage of time pendency of proceedings may jeopardize not only the interest of justice, but may also the affect the respondent. He submits that deferment of hearing to 7/2/2024 at the next circuit sitting at Gwalior shall not only impede the course of justice, but also render the Original Application pending before the CAT infructuous. Learned counsel submits that regard being had to the concept of justice, equity and good conscience, humble petitioner serving at a lower post, expects meaningful audience in the matter of an arbitrary transfer to a distant place from Gwalior to Tamil Nadu, whereas his wife working at same school is residing at Gwalior. Learned counsel also made a reference to the transfer policy and the circulars referred above to advance humble submission against impugned transfer, albeit he rightly submits that there is no vested right against the transfer as it is an incidence of service. Nevertheless there are exception thereto of which there has been judicial cognizance by appropriate forums regard being had to the policy or guidelines for transfer in-vogue in a given establishment, hence, prays for indulgence under Article 226 of the Constitution of India for ventilation of his grievance against transfer.