M.K. PATHAN Vs. COMMISSIONER, KVS & ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner is aggrieved by order passed by the respondents transferring him from Kendriya Vidhyalaya, Mount Abu to Kendriya Vidhyalaya, Dimapur (Assam) by order dated 29.11.2001 and the order dated 28.1.2002 rejecting the Original Application by the Central Administrative Tribunal, challenging the aforesaid order. After giving the relief to the petitioner to continue upto 31st March, 2002 at the place of his present posting in order to enable his children to continue their present session of education by taking necessary examinations at which they were appearing.

(2.) Having heard learned counsel for the petitioner and for the respondents, we are of the opinion that no interference in the transfer is called for. The petitioner's primary grievance before the Tribunal was about mid-term transfer unsettling the education of his two children at Mount Abu. That having been taken care of by the Tribunal by extending the period of stay at current station upto 31st March, 2002 on the basis of material placed before the Tribunal, the said grievance no more survives. So far as authority to transfer is concerned, it is not in dispute or in challenge. What has been challenged is only that on account of some imputations made to the Principal, the transfer has been made to a far flung place. We are not satisfied with this contention to be a valid ground to interfere with the matter of transfer which are in administrative exigencies. Undoubtedly, some inconvenience is bound to be caused by transfer but every degree of inconvenience cannot be a ground of interfere in the extra-ordinary jurisdiction particularly when it does not affect the other service conditions of the petitioner. The ground of malafide is also vague and cannot sustain the plea against the validity of transfer. The petition is therefore rejected.

(3.) The petitioner wants to make a representation before the authorities concerned for considering his case sympathetically for giving him place of posting within the reasonable distance from his last place of posting. That application be viewed if moved to the authorities.