COMMISSIONER KENDRIYA Vs. ARCHANA JENA

JUDGEMENT

(1.) THIS writ petition has been filed against the impugned order passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack dated 5.11.2004 and 14.2.2005 in M.A. 715/2004 and MA. 72/05 respectively arising out of O.A. No. 609 of 2004.

(2.) WHEN this writ petition was taken up as a fresh matter, this Court vide order dated 31.3.2005 issued notice to the opposite parties and also passed interim order in Misc. Case No. 3442 of 2005 staying operation of the impugned order of transfer.

(3.) THE brief facts of the case, are that the opposite party No. 1, who is at present working as T.G.T. (Biology) in Kendriya Vidyalaya, Tatanagar under Jharkhand Region has filed O.A. No. 609 of 2004 before the Central Administrative Tribunal, Cuttack Bench, Cuttack challenging her order of transfer from Cuttack to Tatanagar dated 31.3.2003 with a prayer to issue direction to the Opposite Parties to transfer her from Tatanagar to Cuttack and/or to any other nearby place where the vacancy exists. Two Miscellaneous Applications were consequently filed and the same were registered as M.A.715 of 2004 and M.A.72 of 2005. The learned Tribunal vide its order 5.11.2004 passed an interim order in M.A.715 of 2004 directing the respondents to post the opposite party No. 1 (petitioner before the Tribunal) namely, Archana Jena as T.G.T. (Biology) in the second shift of KV No. 1 at Bhubaneswar by keeping in mind the difficulties experienced by her on being posted at Tatanagar. The Miscellaneous Application was disposed of accordingly. The operative part of the order of the Tribunal dated 5.11.2004 is quoted hereunder: