PRAMOD KUMAR BEHERA Vs. KENDRIYA VIDYALAYA

JUDGEMENT

(1.) SRI Pramod Kumar Behera, the Physical Education Teacher (P.E.T.) at Kendriya Vidyalaya No.4, Bhubaneswar has sought to challenge the order dated 28.5.2008 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.211 of 2008 dismissing his challenge to an order of transfer transferring him from Bhubaneswar to Jharsuguda.

(2.) SRI Jatindra Mohan Mohanty, learned Sr. Advocate appearing for the petitioner submitted that the petitioner has been transferred from Dhanbad to Paradeep in the year 1998 and thereafter, he was transferred to Koraput in the year 2000. He submitted that the petitioner served at Koraput (defined as "Hard Station" under the New Transfer Guidelines of Kendriya Vidyalaya) until 30.5.2005. Thereafter, he was transferred to Bhubaneswar.

(3.) MR . Mohanty, learned counsel appearing for the petitioner submitted that in terms of the "Transfer Guidelines", the impugned transfer is violative of the "New Transfer Guidelines" (amended till 15.11.2007) of Kendriya Vidyalaya under Annexure -1. Learned counsel alleges that the transfer/relocation of the petitioner has not been done on the basis of any recommendation made by the Regional Transfer Committee (RTC) and, therefore, is violative of Clause -3 (1) (2) which stipulates that for intra regional transfers, power is vested in the Asst. Commissioner but the said Asst. Commissioner, authority is to base its orders on the recommendation of the Regional Transfer Committee. Learned counsel asserted that no such Committee was ever form nor does any recommendation exist from such a committee to support the order of transfer of the petitioner.