Delhi High Court
Kendriya Vidyalaya Sangathan vs Komendra Prakash Gautam And Ors on 14 February, 2022
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 14.02.2022
+ W.P.(C) 2781/2022
KENDRIYA VIDYALAYA SANGATHAN ..... Petitioner
Through: Mr Anil Nag with Mr Arun Singh,
Advocates.
versus
KOMENDRA PRAKASH GAUTAM & ORS. ..... Respondents
Through: Mr Devesh Chauvia, Advocate for
respondent no.1.
CORAM:
HON'BLE MR JUSTICE RAJIV SHAKDHER
HON'BLE MR JUSTICE TALWANT SINGH
[Court hearing convened via video-conferencing on account of COVID-19]
RAJIV SHAKDHER, J.(ORAL):-
CM APPL. 7980/2022
1. Allowed, subject to just exceptions.
W.P.(C) 2781/2022
2. This writ petition is directed against the interim order dated 25.10.2021,
as extended by orders dated 11.11.2021 and 21.12.2021, passed by the Central
Administrative Tribunal [in short "the Tribunal"] in O.A. No.2108/2021.
3. We may note that, before instituting the above-captioned petition,
respondent no.1 [i.e., the original applicant] had approached this court by way
of another writ petition i.e., W.P.(C) No.11469/2021. At that point in time, with
the consent of the counsel for the parties, the said writ petition was disposed of
at the admission stage itself.
3.1. In the aforesaid writ petition, respondent no.1 had approached the court
against an interlocutory order dated 27.09.2021, passed by the Tribunal in the
very same O.A. i.e., O.A. No. 2108/2021.
Signature Not Verified
Digitally Signed
W.P.(C) 2781/2022 Page 1 of 3
By:VIPIN KUMAR RAI
Signing Date:15.02.2022
19:12:25
3.2 To be noted, via the aforesaid O.A., respondent no.1 had assailed the
transfer order dated 27.08.2021, passed by respondent no.2 i.e., Deputy
Commissioner, KendriyaVidyalaya Sangathan (KVS), on multiple grounds.
3.3. Since no interim protection was granted by the Tribunal, respondent no.1
was aggrieved that his O.A. [i.e., O.A. No. 2108/2021] will be rendered
inefficacious.
3.4. It is in this context that we had observed that the Tribunal needs to
examine the matter, and pass directions one way or the other, either with regard
to the interim relief sought by respondent no.1 or in the alternative, render a
decision in the main matter.
3.5. Furthermore, it is in this context that we had directed that the
petitioner/KVS will maintain status quo till the Tribunal takes up the matter on
the next date i.e., on 25.10.2021.
3.6. The judgment in the aforementioned writ petition was rendered on
06.10.2021.
4. Mr Anil Nag, who appears on behalf of the petitioner, says that because
the Tribunal has not found time to examine the matter, the status quo continues
to obtain, which works to the detriment of the petitioner.
5. To be noted, Mr Devesh Chauvia has joined the proceedings on behalf of
respondent no.1.
5.1. The other respondents are official respondents, who are connected to the
petitioner. Even according to Mr Nag, they are proforma respondents.
6. We are told that the matter is fixed before the Tribunal today i.e.,
14.02.2022.
7. Given this position, the writ petition is disposed of with the direction to
the Tribunal to deal with, if not the main matter, at least the interlocutory
application filed in O.A. No.2108/2021, as directed [via judgment dated
06.10.2021, passed in W.P.(C) No.11469/2021].
Signature Not Verified
Digitally Signed
W.P.(C) 2781/2022 Page 2 of 3
By:VIPIN KUMAR RAI
Signing Date:15.02.2022
19:12:25
7.1. If for any reason, the matter is not taken up today, the Tribunal will
endeavour to deal with the matter, as directed, within the next two weeks.
8. Mr Nag says that the aforementioned directions should suffice, and that
the writ petition can be closed.
8.1. Mr Chauvia assures the court that respondent no. 1 will cooperate with
the Tribunal in the disposal of the matter.
9. The writ petition is, thus, disposed of, as noticed above, in the aforesaid
terms.
10. Parties will act based on the digitally signed copy of this order.
RAJIV SHAKDHER, J.
TALWANT SINGH, J.
FEBRUARY 14, 2022/tr
Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:15.02.2022
19:12:25
