UNION OF INDIA, THROUGH THE ASST. COMMISSIONER, KENDRIYA VIDYALAYA SANGATHANA, SILCHAR Vs. TAPAN KUMAR CHAKRABORTY AND ANOTHER

JUDGEMENT

(1.) In the present writ petition filed by the Union of India/ respondent No. 1 in O.A. No. 166 of 2001 of the Central Administrative Tribunal. Guwahati Bench, the relief sought for is for quashing the judgment and order of the Administrative Tribunal dated 1.5.2002 allowing the O.A. No. 166 of 2001 filed by the present respondent No. 1 challenging the order of the Deputy Commissioner (Finance), Kendriya Vidyalaya Sangathan dated 29.1.2001 denying the claim of the respondent No. 1 (i.e. applicant of the O.A. No. 166 of 2001) for double H.R.A. (House Rent Allowance) under Appendix 24 of the Accounts Code for the Kendriya Vidyalayas.

(2.) Heard Mr. J. Singh. learned Senior Counsel assisted by Mr. S.C. Biswas, learned Counsel for the petitioner as well as Mr. S. Dutta, learned Counsel for the respondent/applicant of the O.A. No. 166 of 2001 of the Central Administrative Tribunal, Guwahati Bench.

(3.) The seed of the present case having a chequered history is the transfer and posting order issued by the competent authority dated 5.1.1990 transferring the respondent /applicant of O.A. No. 166 of 2001 from Calcutta to Patna and writ petition challenging the transfer order dated 5.1.1990 could have been nibbed in bud, had the accepted principle of law on the power of judicial review of the transfer and posting order of the competent authority been taken into consideration in the right perspective at the very beginning.