Kendriya Vidyalaya Sangat han Ors. Pet it ioners v. Sm t Rekha Joshi

challenged t he aforesaid j udgm ent m ainly on t he ground t hat respondent was earlier serving as TGT in Kendriya Vidyalaya No. 2, HBK, Dehradun for m ore t han t hree years and t hereaft er she was t ransferred on prom ot ion as PGT t o Kendriya Vidyalaya, Ranikhet , 1 Dist rict Alm ora; t he order dat ed 29.7.2013, whereby prom ot ion was offered t o respondent , it was clearly st ipulat ed t hat if she fails t o get herself relieved from Kendriya Vidyalaya at Dehradun by 17.8.2013 for j oining t o t he t ransferred school, t hen t he offer of prom ot ion m ade t o her shall st and wit hdrawn.

3. Mr. Syed Nadim , learned Counsel appearing for t he pet it ioners, subm it s t hat despit e t he clear st ipulat ion in t he order of prom ot ion, respondent failed t o get herself relieved from Dehradun nor did she j oin t he t ransferred school i.e. Kendriya Vidyalaya, Ranikhet , t herefore, as per t he st ipulat ion m ade in t he order dat ed 29.7.2013, t he offer of prom ot ion t o t he respondent was wit hdrawn. He furt her subm it s t hat respondent m ade a represent at ion and pursuant t o direct ion issued by Cent ral Adm inist rat ive Tribunal, t he com pet ent aut horit y exam ined t he issues raised by t he respondent in her represent at ion and rej ect ed t he sam e; respondent t hereaft er again approached Cent ral Adm inist rat ive Tribunal by filing OA No. 331/ 00042 of 2014, challenging t he order of rej ect ion passed by t he com pet ent aut horit y and t his t im e t he Original Applicat ion filed by respondent was allowed by t he Tribunal and t he com pet ent aut horit y in Kendriya Vidyalaya Sangat han was direct ed t o perm it t he respondent t o j oin dut ies on t he prom ot ional post in Kendriya Vidyalaya, Ranikhet wit hin eight weeks. Learned Counsel for t he pet it ioner t hus subm it s t hat int erference m ade by Tribunal t he m at t er was unwarrant ed, as, if t eaching and non- t eaching st aff of Kendriya Vidyalaya Sangat han are perm it t ed t o flout orders of t ransfer on prom ot ion and t hereaft er t hey 2 are given prot ect ion by Tribunal, it will send a wrong m essage and will lead t o indiscipline and chaos in t he organizat ion.

4. Per cont ra, Mr. M.C. Pant , learned Counsel appearing for t he respondent , subm it s t hat husband of t he respondent was also serving as Teacher Kendriya Vidyalaya at Dehradun, t herefore respondent had request ed for ret aining her at Dehradun under t he spouse policy, however her represent at ion did not find favour wit h t he com pet ent aut horit y and she was asked t o go t o Ranikhet . He furt her subm it s t hat aft er t he j udgm ent rendered by t he Tribunal, when t he respondent went t o Kendriya Vidyalaya, Ranikhet for j oining, she was not perm it t ed t o do so and t herefore she cam e back t o Dehradun. Thus respondent cannot be blam ed for not j oining her prom ot ional post at Ranikhet .

5. Having regard t o t he fact s circum st ances of t he case, we are of t he considered opinion t hat as t here was clear st ipulat ion in t he order, whereby prom ot ion was offered t o respondent , t hat she has t o get herself relieved and subm it j oining at t he t ransferred place upt o a specific dat e, but she m ade no effort eit her t o get herself relieved or for j oining at t he t ransferred place, t herefore, t he em ployer was j ust ified in wit hdrawing t he offer of prom ot ion m ade t o respondent . Thus t he int erference m ade by learned Tribunal t he m at t er unwarrant ed. We, t herefore, allow t he writ pet it ion, set aside t he im pugned j udgm ent , however we perm it t he respondent t o m ake represent at ion 3 accom m odat ing her on t he post of PGT in any school wit hin Dehradun region. I f respondent m akes such represent at ion wit hin t hree weeks t oday, com pet ent aut horit y shall look int o t he m at t er and t ake decision, as per law, wit hin six weeks t hereaft er. Decision on respondent ’s represent at ion shall be t aken independent ly, uninfluenced by any observat ion m ade by us. ( Su b h ash Up a d h y ay , J.) ( M a n o j K u m a r Ti w a r i , J.) 3 .6 .2 0 2 5 Pr PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3 C91957BE53, cn=PRABODH KUMAR 4