RASHMIREKHA MOHAPATRA Vs. COMMISSIONER KENDRIYA

JUDGEMENT

(1.) IN this writ application, the Petitioner challenges the order dated 03.10.2001 passed in O.A. No. 474 of 1999 by the Central , Administrative Tribunal, Cuttack Bench. The O.A. was filed against the order of transfer of the present Petitioner dated 09.08.1999 vide Annexure 1 to the writ petition. The Tribunal, however, did not find any merit in the O.A. and dismissed the same.

(2.) THE case of the Petitioner is that she was working as a primary teacher in Kendriya Vidyalaya, Balasore with effect from 25.10.1983. The transfer order dated 09.08.1999 was issued on the ground of surplus. She made representations to all authorities concerned for not giving effect to the said order on medical ground. In her representations, she averred that her juniors had not been transferred. Further case of the Petitioner is that another teacher, namely, Gayatri Prasad, who was also transferred along with her, made a representation and her case was considered favourably by the authorities whereas the Petitioner's case was rejected.

(3.) MR . Rath, Learned Counsel' appearing for the Petitioner, assailed the impugned order of the Tribunal on the ground that the ratio decided by the Hon'ble Supreme Court in the cases of Ghaziabad Development Authority v. Sri Vikram Chaudhary : (1995)IILLJ703SC ; and Air India Statutory Corporation v. United Labour Union : (1997)ILLJ1113SC ; have not been followed either by the transferring authority or by the Tribunal. He further submitted that the Kendriya Vidyalaya should follow the principle of 'last come first go' settled by the Hon'ble apex Court. His further contention was that the Rashmirekha Mohapatra v. Com, Kendriya Vidyalaya Tribunal has overlooked the ailment and health condition of the Petitioner.