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Laishram Deveswori Devi, Manipur v/s Union of India, Represented by the Secretary, Govt. of India, Ministry of Human Resource Development, Department of Education, New Delhi & Others


Company & Directors' Information:- DEVI CORPORATION PRIVATE LIMITED [Active] CIN = U16000AP2011PTC076133

    Original Application No. 042/00164 of 2021

    Decided On, 16 July 2021

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER & THE HONOURABLE MR. NEKKHOMANG NEIHSIAL
    By, ADMINISTRATIVE MEMBER

    For the Applicant: M.G. Singh, U. Das, Advocates. For the Respondents: -----



Judgment Text

Order (Oral):

Manjula Das, Judicial Member.

1. The instant O.A. has been preferred by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking for the following reliefs:

“1. That the Hon’ble Tribunal may be pleased to set aside and quash Proposed Transfer List (Round-01) ATD-2020-219 (Annexure-1).

2. That the Hon’ble Tribunal may be pleased to direct the respondents to consider the case of the applicant for posting to any of the places as opted in her option in proper format as Transfer Drive 2020-Phase-I giving her three choices of school/Place. 1. Senapati-II, Type-Deemed, 2. Churachandpur, Type-Deemed, 3. Thoubal, Type-Protected Deemed.

3. That the Hon’ble Tribunal may be pleased to direct the respondents to consider the case of the applicant strictly basing on the guidelines issued by the Navodaya Vidayalaya Samiti mentioned in the Transfer Policy, 2012 i.e., “13.2. Exemption from Rotational transfer o Regional Language Teaches who are more than 50 years of age so that they can concentrate of settlement of the children.”

4. That the Hon’ble Tribunal may be pleased to direct the respondents to consider the prayer of the applicant in transfer her choices as prayer made in the representation dated 25.6.2021 and 06.07.2021 filed by the applicant before using the Final Round Transfer List.

5. Costs of the application.

6. Any other relief(s) to which the applicant is entitled as the Hon’ble Tribunal may deem fit and proper.”

2. Sri M.G. Singh, learned counsel appearing for the applicant submitted that applicant is aggrieved with the respondent authorities in not considering her case to exempt from rotational transfer of regional language teachers on account of attaining more than 50 years of age as per clause 13.2 (i) of the NVS Transfer Policy, 2012 and transferring her from JNV Chandel to JNV, Kushinagar (U.P) vide Final Transfer List-ATD 2020-21. According to Sri M.G. Singh, the applicant has already completed 7 years of tenure, which is more than actual tenure of 5 years for rotational transfer of regional language teaches outside the region. Since then, she has been serving at JNV Chandel, Manipur till date. Applicant was transferred from JNV Saharsa (Bihar-Patna Region) to JNV Chandel, Manipur (Shillong Region) on 23.09.2014 at his own request. She submitted her option in the proper format as Transfer Drive 2020-Phase-I giving her three choices of school/place namely – (i) Senapati-II, Type-Deemed, (ii) Churachandpur, Type-Deemed and (iii) Thoubal, Type-Protected Deemed. The applicant was astonished when her name was proposed again in the list of ATD 2021 after displacing her outside the region under rotational transfer of regional language teachers despite attaining the age of more than 50 years. Applicant again filed a representation before the respondent No.2. i.e. the Commissioner, NVS, HQ-Noida, Uttar Pradesh through proper channel on 06.07.2021 praying for exemption from rotational transfer. But nothing yielded in positive.

3. In view of the above, Sri M.G. Singh, learned counsel for the applicant prays for interference of this Tribunal by staying the operation of the Proposed Final Transfer List (Round-01) ATD 2020-21 so far as the applicant is concerned.

4. Keeping in view of the above, without going into the merit of the case and without issuing notice upon the respondents as well as with the consent of eh learned counsel for the applicant, O.A. is disposed of by directing the respondent authority particularly respondent No.2 (the Commissioner, Navodaya Vidayalaya Samity, B-15, Institutional Area, Sector-62, Noida, Gautam Budha Nagar, Uttar Pradesh, to dispose of the pending representation dated 06.07.2021 within a period of three months from the date of receipt a copy of this ord

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er. 5. It is made clear that, whatever decision to be arrived by the respondent No.2, shall be reasoned and speaking and be communicated to the applicant forthwith. Till then, operation of Proposed Transfer List (Round-01) ATD-2019 is hereby stayed, so far as the applicant is concerned. 6. With the above direction, O.A. stands disposed of at the admission stage. 7. No order as to costs.
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