COMMISSIONER K V S Vs. GAYATRI MISHRA

JUDGEMENT

(1.) KENDRIYA Vidyalaya Sangathan and its officers are the petitioners before this Court assailing the judgment and order of the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.143 of 2001, disposed of on 4.11.2004. The opposite party was the applicant before the Tribunal.

(2.) THE case of the opposite party before the Tribunal was that she joined the Kendriya Vidyalaya Sangathan on 17.7.1981 as a Primary Teacher and was posted at Kendriya Vidyalaya, FCI at Talcher. She was subsequently transferred to Kendriya Vidyalaya, Cuttack on 8.12.1982. She being an unmarried lady having heart problem and she being also the only member in the family to look after her ailing mother at Bhubaneswar, approached the authorities by way of representation for a transfer to K.V., Bhubaneswar where some posts were available and she could be adjusted as P.R.T. From 1990 to 1994 none of the representations submitted by her was considered and she was transferred by order dated 27.7.1996 as a surplus teacher to Kendriya Vidyalaya No.1 at Kalaikunda, in the State of West Bengal. Challenging the said transfer, she approached this Court initially but the same was transferred to the Central Administrative Tribunal after coming into force of the Administrative Tribunals Act and it was reregistered initially as a Transfer Application and subsequently as O.A. No.146 of 2000. THE said Original Application having been dismissed by the Tribunal on 5.10.2000, a writ application was filed before this Court by her vide O.J.C. No.1454 of 2001. THE further case of the opposite party is that in January, 1994, one Mrs. Sanjurani Misra joined as P.R.T. at K.V., Cuttack and she was transferred on her representation even though she had been posted to K.V., Saintala, in the district of Bolangir only in December, 1993. In May 1994, in K.V., Cuttack, one Primary Section was deleted and one Headmaster post was sanctioned. Thus the sanctioned posts became 12 P.R.Ts. and one Headmaster while the existing strength was 14 P.R.Ts. and no Headmaster. Accordingly, she was treated as a surplus teacher in July, 1994 and was transferred to Kalaikunda. From the date of transfer, she made several representations to the Assistant Commissioner indicating about adjustment of Mrs. Sanjurani Misra but instead of considering her grievance, by order dated 5.8.1996 she was given fifteen days extension for joining at the new place of posting. Because of her health condition, she applied for five days Earned Leave from 13.8.1996 to 17.8.1996. However, she was relieved from the post held by her at K.V., Cuttack on 27.8.1996 in her absence. She not only made a representation again to consider her case for posting at Bhubaneswar, she also applied for issuance of No Objection Certificate in order to go to U.S.A. for treatment where her sisters were staying. While the matter stood thus, she was communicated from the Head Office that her representation dated 11.11.1997 with regard to her transfer to Bhubaneswar shall be considered when annual transfer takes place in the year 1998-99. On 29.6.1998 also she was communicated by the authorities that during regional transfers if a clear vacancy arises at K.V., Bhubaneswar or at K.V., Cuttack, her case would be considered. On 6.8.1998, she was informed that her repeated representations for a posting at Bhubaneswar could not be acceded to and she was asked to resume duties at Kalaikunda by 14.8.1998. In November, 1998, her mother passed away and she was left alone. Only on 1.12.1998, an office order was passed to the effect that leave applied for by her is sanctioned and permission is also given to leave for U.S.A. subject to certain conditions. She was also informed that the grant of No Objection is without prejudice to the disciplinary proceedings contemplated against her due to her unauthorized absence since 1996. THE Tribunal disposed of the Original Application on 19.11.1999 filed by her challenging the order of transfer with an observation to consider her representation for a posting at Bhubaneswar. But the same was not complied with and she was directed to again join at Kalaikunda on 19.1.2000. On 18.8.2000, she again wrote a letter for issuance of No Objection Certificate to go to U.S.A. for treatment and to her utter surprise, a notification was issued on 4.9.2000 indicating therein that under Article 81 (D) she has voluntarily abandoned her service. Challenging the said order/notification, she approached the Tribunal in the aforesaid Original Application and the said Original Application having been allowed by the Tribunal, the Kendriya Vidyalaya Sangathan has filed this writ petition.