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Judgment
Manish Garg, Member (J)
Inn the present case of the applicant seeks to challenge impugned order dated 16.099.2022. The applicant is presently workinng on the post of PGT/TGT/PRT at KVS Keshavpuram, New Delhi. Now as per the impugned order dated 16.09.2022, he has been traansferred to KVS Rammeshwaram, Tamilnnadu. It is brought too the notice that purssuant to the impugned order the appliccant has made a reppresentation dated nil (Annexure A-4).
Itt is the case of the appplicant that there is a challenge to office notice F.No. 11-E-II019/34/2022-Estt-II//2431 dated 12.09.2022 wherein all the provision given in Paara 6 of the Transffer Guidelines 2021 are kept in abeyance.
Itt is also pointed out by the learned counnsel for the applicant that in the mid- session without even considering that he has been transferred which put himm, in great difficulty. He has already urged various grounds in the representation itself.
Learned counsel for the applicant furtheer refers to Office Order No. F.19046/2022/KVS(DR)/Admmin./10896-10966 dated 19.09.2022 viide which the responndents have permitted the teachers, whho have been granteed stay, to rejoin their parent schoolls from where they have been relieveed.
On the other hand Mr. Rajappa, learned counsel appearring on advance serviice on behalf of the respondents vehem ently opposes grant of prayer for interim relief inter alia coontending that it is a policy matter. The decision has been taken due to administrative exigencies, as there is shortage of teachers in abbsence of fresh recruuitment. He further relies on interim orrder passed in OA No. 834/2022 by the co-ordinate Allahabad Bench of this Tribunnal, wherein it has been held that:-
“113. After hearing the arguments put forth by both thhe learned counsels and perusing the doccuments available on record, I am of the considereed view thhat the transfer of thee applicant has been made in both administrative exigencies and in public innterest and that she has already been relieved frrom her present placee of posting. There is nothing on record to demonstrrate that impugned transfer order is malafide or illegal. Considering all the faacts and circumstances, this Tribunal is of the view that no interference is warranted in the immpugned transfer order at this stage. Siince the applicant has alreaady submitted a detailed reepresentation dated 13.09.2022 to the commpetent authority, it is expected from the responddents to coonsider and decide the same at the earliest by way of a reasoned and speaaking order.”
T he submission of the learned counsel for the responndents is opposed by the learned counsel for the applicant on the ground thhat the notice dated 12.09.2022 itself is under challenge.
Be that as it may be, it is not disputed that representation of the applicant is pending consideration and has noot been adjudicated by the Competent Authority till date. Also, the Competent Authority has taken the decision regardding transfer without considering the earllier existing Annuaal Transfer Policy inn light of office circcular dated 12.09.2022.
Inn the OA No. 834/2022, Allahabad Bennch of this Tribunnal had no occasion to deal with the Office Order dated 19.09.2022, whereby the innstructions have beenn issued by the Coompetent Authority, permitting the teachher(s), who have been granted stay, to rejoin their parent scchools from where they have been relieved.
Itt appears that the said decision has been taken in a particuular manner ignoring the principle of nattural justice inasmuch as no opportunnity has been affordded to the applicant on the pretext of policy decision.
Inn the present circumstance, the present OA is disposed of withh a direction to the Competent Authority to consider the representation of the applicant in light of the existing policy which was prevalent on 12.09.2022. It is too be decided on its own merits in view of the earlier Annuual Transfer Policy,, within a period of 300 days from today after giving an opporttunity of personal hearing by passing a reasoned and speakiing order. Liberty is also granted to the applicant that in addition to the representaation if already submiitted, he can prefer a fresh and detailedd representation, whiich shall be considdered by the Competennt Authority.
As a matter of fact,, as already noted above, the responndent authority has passed the Office Order dated 19.09.2022.
Inn view of the abovve facts and circumstance, the impugned order/ transfer order dated 16.09.2022 shall be kept i n abeyance for a period of two months. Further, the applicant is allowed to rejoinn if any relieving order is passed.
T he OA stands dispossed of in aforesaid teerms. There shall be no order as to cost.