Tribunals and CommissionsDivision Bench(2021) 10 CAT CK 0013

Nithya R Warriar vs Commissioner, Kendriya Vidyalaya Sangathan & Others

Central Administrative Tribunal · Decided on 5 October 2021

HON’BLE JUDGES
P. Madhavan, Member J · K.V .Eapen, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 180, 00471 Of 2021

AI Structured Summary

Not yet generated for this judgment

Judgment

12 paragraphs · 438 words

P. Madhavan, Member J

1.

This Original Application has been filed by the applicants seeking the following reliefs:

"(a) Call for records leading to Annexures A1& A2 and quash the same;

(b) Direct the 2nd respondent to consider and post the applicant as PGT (English) at KV No. 2, Naval Base, Kochi forthwith, with all the consequential benefits arising therefrom including seniority;

(c) Award costs of and incidental to this Application;

(d) Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case.

2.

The brief facts of the case are as under:

The applicant was initially appointed as a Trained Graduate Teacher (English) on 10.08.2009 at K V Sivaganga near Madurai in Tamil Nadu. She was transferred and posted at KV No. 2, Naval Base Kochi on 14.08.2018 on single parent ground. While working at KV No.2, Naval Base, Kochi, the applicant was promoted to the post of Post Graduate Teacher (English) after being qualified in Limited Departmental Competitive Examination and posted to Agarthala No.II ONGC, a place 2200 Kms away from present station, as per the order dated 05.02.2019. Since vacancies of PGT (English) were available in Kerala Region to accomodate the applicant, pointing out same, the applicant submitted several representation for modification of transfer. The grievance of the applicant in this OA pertains to refusal on the part of the respondents to consider for a posting againt the vacant post of PGT (English) at KV No. 2, Naval Base, Kochi, on single parent ground. Hence, the applicant has approached this Tribunal praying for the above reliefs.

3.

When the matter came up for consideration, it appears that the counsel for the applicant has filed an M.A along with a copy of the representation dated : 30.09.2021 for consideration by the competent authority, i.e, the 1st respondent. The applicant will be satisfied, if her representation is considered in the light of relevant rules, regulations and guidelines by passing a speaking order.

4.

Adv.Mr.C Rajendran, learned counsel for the respondents is present and submits that respondents have no objection in considering the representation in the light of relevant rules and guidelines.

5.

In view of the limited relief, the Competent Authority is directed to consider Annexure MA-1 representation on the basis of relevant rules, regulations and guidelines and pass a speaking and reasoned order within a period of one month. One vacancy of PGT (English) at KV No. II, Naval Base, Kochi will be kept vacant till an order is passed in the representation of the applicant.

6.

The Original Application is disposed of as above. No costs.