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Varun Jonwal v/s The Union of India, Through its Secretary (S.E. & L), Ministry of Human Resources Development (MHRD), Government of India, New Delhi & Others

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Company & Directors' Information:- G I RESOURCES PRIVATE LIMITED [Active] CIN = U74910TG2007PTC054452

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Company & Directors' Information:- Y V R RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74120TG2015PTC100651

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Company & Directors' Information:- S. K. RESOURCES PRIVATE LIMITED [Active] CIN = U70109GJ2016PTC092408

    Original Application No. 040/00214 of 2020

    Decided On, 09 December 2020

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: J. Roy, S. Sarma, R. Hazarika, C. Chakraborty, T. Melee, Advocates. For the Respondents: M.K. Majukumar, SC, KVS.

Judgment Text

Order (Oral):1. By this O.A., filed under Section 19 of the Administrative Tribunals, Act, 1985 the applicant is seeking following reliefs:-“8.i To direct the Respondent authorities to consider the representation dated 15.09.2020 and consider the transfer modification request of the instant applicant in the light of the facts and submissions made herein above;8.ii To direct the Respondent authorities not to fill up the post of Sl. “No. 3 Jaipur” after 30.09.2020 i.e. retirement of Sh. U.B. Pandey; who has been allotted the said post vide office memorandum dated 24.09.2020 and consider the instant applicant for the post of “No. 3 Jaipur.”8.iii To ass any other order/orders as your Lordship may thinks fit and proper.8.iv Cost of this application.”2. While issuing notices to the respondents vide order dated 14.10.2020, having found a prima facie case in favour of the applicant directed that if the post of Vice Principal is lying vacant either at Jodhpur or at Jaipur, same shall not be filled up till the next date. Said interim order has been extended and is continuing.3. Sri J. Roy, learned counsel appearing for the applicant submitted that initially applicant joined Kendriya Vidyalayla Sangathan as Post Graduate Teacher (Chemistry) on 01.08.2007 and was posted at Haflong under Silchar Region which according to the learned counsel, is a hard region. In the Year 2011, he was posted at Dantiwada (BSF) and thereafter he served in jodhpur from the period of June 2012 to 2016 for the period of 04 years. In October 2016, by Direct Recruitment, the applicant was selected for the post of Vice Principal and accordingly, he was posted at KVS Narangi where he joined duty from 25.10.2016. As the applicant has completed for more than 13 years at North East Region, he requested for transfer from the year 2017 to 2019 vide representations dated 05.06.2017, 16.04.2018 and 19.03.2019 by giving preference at Jodhpur, Udaipur, Jaipur, Ajmer and Ahmedabad. However, he has not been allotted in the cited preference places till date.4. Learned counsel for the applicant further submitted that applicant’s wife is serving under the state Govt. of Rajasthan. They have two children aged about 6 and 8 years respectively. In view of that, his wife is unable to manage the family affairs.5. It was further submitted by the learned counsel for the applicant that recently two persons/Vice Principals have retired from Jodhpur and Jaipur and the post of Vice Principals are lying vacant there. As such, applicant may be easily accommodated in anyone of the said places. Being aggrieved by the non-considerations of his request transfer, applicant also preferred representations on 18.01.2017, 04.09.2018, 15.09.2020 and 25.06.2020. However, the same were rejected.6. Sri M K Majumdar, learned standing counsel for the KVS submitted that pursuant to the direction of this Tribunal the respondents have informed that 2 at present number of vacancies of Vive Principal in Jaipur Jodhpur and 2(two) and 1(one) respectively and they have also committed that as per interim order of this Tribunal one post would be kept vacant till further orders.7. Learned counsel submitted that the minimum tenure of Vice Principal to become eligible for applying for transfer is 05 years in normal station and 03 years in hard/NER and since the applicant did not complete the minimum tenure of three years in NER as on 31.03.2019, request of the applicant for transfer could not be acceded to.8. Responding the aforesaid argument of the learned KVS standing counsel, learned counsel for the applicant drew my attention to the proviso to Para 2 of the transfer guidelines for Group A and Group B Employees (Annexure-A7 to the rejoinder) which is extracted as under:-“*However, it is categorically made clear that the tenure so provided under these guidelines shall not be deemed to put an embargo on the administration to transfer an employee in the exigencies of service and/or Organizational interest before the completion of tenure.”According to the learned counsel, many Vice Principals have applied for request transfer just after completion of service of 4 months to 2 years i.e., before completion of tenure. At Para 6 of the rejoinder to the additional written statement, applicant has given a list of 16 Vice Principals who have applied for request transfer after completing barely few months of tenure and most and their request for transfer have been acceded before transfer have been acceded barely after completion of seven months.9. Learned counsel for the respondents could not dispute the above submission of the learned counsel for the applicant and submitted that applicant’s request for transfer would be considered on the next annual general transfers along with others as per transfer guidelines.10. I have heard Sri J Roy, learned counsel for the applicant, Sri M K Majumdar, learned standing counsel for the KVS, pursued the pleadings and documents on record.11. Learned counsel for the respondents had earlier placed on record a letter dated 06.11.2020 issued by the Assistant Commissioner (Estt.I), KVS, HQ, New Delhi which confirmed three vacancies of Vice Principal in Jodhpur and Jaipur and as per our order the respondents have already kept one post vacant from amongst three vacancies. Learned counsel for the applicant has substantiated with documents that number of Vice Principals have been transferred on requests before completion of their tenure. Those orders were issued on 04.09.2018, 11.09.2019 and 26.08.2019, thus those orders are not passed during annual general transfers. In view of the above, we

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do not find any cogent reason for the respondents to wait for consideration of request for the respondents to wait for consideration of requests transfer of the applicant during annual general transfer in view of the clear vacancies Vice Principal at Jaipur and Jodhpur.12. In view of the above position, the respondents are directed to accommodate the applicant by considering his request transfer against any of the three clear vacancies of Vice Principal either at Jaipur or Jodhpur with a period of ten weeks from the date of receipt of this order.13. The OA is disposed of accordingly. There shall be order as to costs.