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Judgment
Tarun Shridhar, Member (A)
The applicant is stated to have been working on regular basis as TGT (Sanskrit) in Kendriya Vidyalaya Sangathan (KVS) since 24.06.1996. During this period, he has served at various stations including a long period of 27 years in the North-Eastern Region.
In terms of the policy of the KVS governing transfer of Teachers, the applicant was to fill his choice of stations and while doing so, inadvertently, he made KV Saharsa as his first choice and KV Kolkata as his second one whereas in terms of his actual choice which he wished to exercise, it should have been KV Kolkata as his first choice. This mistake is said to have been made inadvertently and the applicant sought to rectify the same, however, this rectification, for certain reasons could not be made despite his having approached the Principal, KV Duliajan where he was posted at the relevant time.
Against this background, the applicant has approached this Tribunal with the following prayer:-
“8. RELIEF SOUGHT
In view of the facts and submissions as made herein above, it is most respectfully prayed that this Hon'ble Tribunal may graciously be please to:-
(i) direct the respondent to consider his request to modify his 1 choice station Kolkata in his online transfer application as peer his request as contained at Annexure No. A-1 to the Original Application.
(ii) direct the respondent to consider his representation for modification of his transfer on genuine ground from Saharsa to Kolkata as contained at Annexure No. A-2, A-3 & A-4 to the Original Application.
(iii) pass any order(s) or further order(s) or direction(s) as be deemed just and proper to meet the ends of justice.
(iv) allow the Original with cost of Application.
INTERIM RELIEF, IF ANY PRAYED FOR
That pending final decision on the application, it is therefore most respectfully prayed that this Hon'ble Tribunal may graciously be pleased to direct the Respondent No.1 to consider and decide the representations of applicant dated 29- 09-2023, 27-12-2023 and 18-01-2023 for modification of his transfer on genuine ground on vacant post of TGT (Sanskrit) at K.V., Kolkata as contained at ANNEXURE NO. A-2, A-3 and A-4 to the original application.”
Issue notice to the respondents. Mr. R. Gowrishankar, learned counsel, who appears for the respondents on advance service, accepts notice.
Besides going through the pleadings on record, I have briefly heard the learned counsel for the parties.
Learned counsel for the applicant submits that the prayer of the applicant is a very limited one, that his request/representation for change of choice of station to KV Kolkata, being the first choice be considered and thereafter, transfer made to KV Saharsa on account of previous choice given be modified to KV Kolkata.
I am of the considered view that the prayer of the applicant deserves consideration. The applicant has admitted that he filled up KV Saharsa as his first choice of station and accordingly, he has been transferred there. He does not find any fault with the action of the respondents. All that the applicant seeks is that he may be permitted to change his choice of station as mistakenly and inadvertently, he happened to write KV Saharsa as his first choice instead of KV Kolkata.
In view of this, I dispose of this OA, ofcourse with the consent of the learned counsel for the parties, with a direction to the Competent Authority amongst the respondents to take an appropriate and a well considered decision upon the prayer of the applicant to allow him to modify his first choice of station from KV Saharsa to KV Kolkata and thereafter, consider appropriate modification of his orders of transfer.
Consideration of this request of the applicant shall be made within the ambit of the relevant rules and instructions governing transfer of Teachers in KVS. Considering the background of the matter, I also allow a liberty of one week to the applicant, from the date of receipt of a certified copy of this Order, for making a supplementary/additional representation, if desired. The Competent Authority shall take a decision thereupon and pass an appropriate order within a further period of three weeks thereafter.
Before parting, I would like to make it clear that besides the aforesaid observations and directions, nothing in this order is to be considered as comments upon the merits of the claim of the applicant, as outlined in the OA. No order as to costs.