Pallavi Nandkishor Gajbhiye vs Union Of India & Others

Harvinder Kaur Oberoi, Member (J)

Through video conferencing

By way of instant O.A., the applicant has challenged the impugned transfer order dated 16.09.2022 (Annexure A-1), whereby a large number of employees have been transferred to different places. The applicant, who is at Serial No.552 of the said order, has been transferred from Kendriya Vidyalaya (KV) Kamptee, Nagpur to Kendriya Vidyalaya, BEML Nagar, Kolar Gold Fields, Kolar District in Karnataka State. She has also challenged the relieving order dated 17.09.2022 (Annexure A-2).

Mr. R G Walia, learned counsel for applicant submits that this transfer has been made on the fallacious ground of rationalization and redistribution of existing staff and that the respondents have issued the common transfer order whereby massive transfers have been made and the applicant has been transferred to a place, which is more than 1200 kms away from the present place of posting.

The applicant’s counsel further submits that as soon as the applicant received the transfer order, she preferred a detailed representation on 17.09.2022 (Annexure A-7), requesting to reconsider her transfer on the grounds that her spouse Mr. Ajay Ashok Khandare, employee code-56997, is a KVS employee presently working in K.V. Ambajhari, Nagpur and that he had completed his tenure at hard station and got transferred to the station within 100 km under spouse ground before three years only; that her elder daughter is just 5 years old and her younger son is just 1 year old now and as she and her husband both are working they face challenges in daily life in their upbringing; that her mother Mrs. Sulochana Gajbhiye, age 61, had undergone Brain Tumour surgery (Meningeoma) and is paralyzed (in fact) since 9 years. She is completely dependent on her for all her daily routine activities and for her medical treatments as the applicant is the only child of her parents and her mother was the only reason that she has not changed her station. However, without considering the grounds in the said representation and deciding it finally, the respondents have passed order dated 17.09.2022, whereby the applicant was relieved of her duties with immediate effect.

The learned counsel also refers to O.M. dated 30.09.2009 issued by the Department of Personnel & Training, wherein a clear policy for posting of husband and wife at the same station has been laid down. It is submitted that this transfer will affect the functioning of the respondents themselves, as it is not in the interest of the students also where the applicant is teaching and ultimately, the transfer will hamper her entire family.

Lastly, learned counsel for the applicant pointed out to the order passed by the Ernakulam Bench of this Tribunal in OA No.502/2022 dated 19.09.2022 wherein the following order was passed:-

“....Learned standing counsel submits that all the applicants have been relieved from their respective offices. It has also been pointed out that no substitute has been posted in the respective place of posting of the applicants. Therefore, the order relieving the applicants from the respective post stands stayed. The applicants shall be allowed to re-join and continue in the respective post until further orders..”

I heard the learned counsel for the applicant on interim relief and perused the material placed on record. It is also seen that the applicant preferred representation on 17.09.2022 to rescind the transfer order, however, without deciding it, the respondents have passed an order dated 17.09.2022 relieving her with immediate effect. It is submitted by the applicant that the representation has not been decided by the respondents.

Be that as it may, the Ernakulam Bench in akin situation has stayed the operation of the relieving order as no substitute has been posted in the respective place of posting of the applicants and allowed them to re-join and continue in the respective post until further orders.

Further, this Tribunal in OA No.734/2022 has noted that the impugned transfer order is violative of clauses 6, 7 & 9 of the Transfer Policy, 2021 and based on this, granted interim protection to the applicant therein.

Accordingly, the O.A. is disposed of at the admission stage itself with a direction to the respondents to consider and decide the pending representation of the applicant dated 17.09.2022 and pass a reasoned and speaking order within a period of two weeks from the date of receipt of a copy of this order. If the order to be passed by the respondents is adverse to the applicant in any manner, she would be at liberty to approach this Tribunal once again within a period of two weeks from the date of such order. Till then, the transfer order dated 16.09.2022 and the relieving order dated 17.09.2022, in respect of the applicant, shall not be executed by the respondents and she shall be allowed to continue to discharge her duties at KV Kamptee, Nagpur. There shall be no order as to costs.