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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:- K I C RESOURCES LTD [Active] CIN = U70109WB1991PLC053497

Company & Directors' Information:- L N DEVELOPMENT LIMITED [Active] CIN = U70102ML1986PLC002590

Company & Directors' Information:- SE INDIA PRIVATE LIMITED [Active] CIN = U51900TN2013PTC089682

Company & Directors' Information:- A TO Z RESOURCES PVT. LTD. [Strike Off] CIN = U65910WB1993PTC059975

Company & Directors' Information:- E T RESOURCES PRIVATE LIMITED [Active] CIN = U65993WB1991PTC051304

Company & Directors' Information:- B. D. RESOURCES PVT. LTD. [Active] CIN = U70109WB1995PTC067039

Company & Directors' Information:- K S L RESOURCES PRIVATE LIMITED [Active] CIN = U51109WB1981PTC034306

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Company & Directors' Information:- K. D. RESOURCES PRIVATE LIMITED [Active] CIN = U45200CT2007PTC020422

Company & Directors' Information:- R B RESOURCES PRIVATE LIMITED [Active] CIN = U74900MH2013PTC247723

Company & Directors' Information:- DEVELOPMENT CORPN PVT LTD [Active] CIN = U13209WB1939PTC009750

Company & Directors' Information:- G R RESOURCES PVT LTD [Strike Off] CIN = U45309AS1988PTC003046

Company & Directors' Information:- VARUN PVT LTD [Strike Off] CIN = U25199PB1980PTC004352

Company & Directors' Information:- P H B RESOURCES PVT LTD [Active] CIN = U70109WB1985PTC038888

Company & Directors' Information:- J M RESOURCES PVT LTD [Strike Off] CIN = U70101WB1985PTC038887

Company & Directors' Information:- S S F RESOURCES PVT LTD [Strike Off] CIN = U70101WB1985PTC039324

Company & Directors' Information:- S V M RESOURCES PRIVATE LIMITED [Strike Off] CIN = U51101TG2010PTC068353

Company & Directors' Information:- U AND I RESOURCES PRIVATE LIMITED [Active] CIN = U72200GJ2006PTC048258

Company & Directors' Information:- A AND P HUMAN RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74910DL1996PTC075509

Company & Directors' Information:- H M RESOURCES PVT LTD [Strike Off] CIN = U70101WB1985PTC038561

Company & Directors' Information:- G S RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74900KA2008PTC048480

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

Company & Directors' Information:- B. N. HUMAN RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74140PB2009PTC032579

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

Company & Directors' Information:- G M RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC053963

Company & Directors' Information:- RESOURCES DEVELOPMENT PVT LTD [Strike Off] CIN = U74210WB1978PTC031463

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Company & Directors' Information:- R S HUMAN RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74140DL2013PTC259486

Company & Directors' Information:- S B HUMAN RESOURCES PRIVATE LIMITED [Active] CIN = U74999DL2013PTC246983

Company & Directors' Information:- A. S. RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74900DL2009PTC192062

Company & Directors' Information:- A & N RESOURCES PRIVATE LIMITED [Active] CIN = U74900DL2016PTC291446

Company & Directors' Information:- S P V RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74140KA2013PTC069966

Company & Directors' Information:- J AND D RESOURCES PRIVATE LIMITED [Strike Off] CIN = U74140KL2013PTC035588

Company & Directors' Information:- J. Y. RESOURCES PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050894

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

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER

    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.
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