Delhi High Court
Rk Mishra vs 1. Kendriya Vidyalaya Sangathan, ... on 11 October, 2022
$~57
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 11.10.2022
+ W.P.(C) 14394/2022
RK MISHRA ..... Petitioner
Versus
THE COMMISSIONER, KENDRIYA VIDYALAYA
SANGATHAN & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Anukul Raj, Mr. Devesh, Ms. Nikita
Raj, Mr. Mukul Lather, Mr. Anubhav Singh
and Mr. Shravan Y., Advocates
For the Respondents: Mr. S. Rajappa and Mr. R. Gowrishankar,
Advocates
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
C.M. No. 43953/2022 (Exemption)
1. Allowed subject to all just exceptions.
W.P.(C) 14394/2022 and C.M. Nos.43951/2022 and 43952/2022
2. Petitioner impugns order dated 26.07.2022 whereby the
Original Application filed by the Petitioner seeking transfer to
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:13.10.2022 W.P.(C) 14394/2022 1
14:52:15
Kendriya Vidyalaya, Jaipur from Kendriya Vidyalaya, Pali has been
dismissed.
3. Petitioner was earlier posted at Kendriya Vidyalaya, Jaipur as
TGT (English) and was transferred to Kendriya Vidyalaya, Pali by
order dated 07.09.2019. Said transfer was challenged by the Petitioner
though unsuccessfully and there have been several rounds of litigation
between the parties.
4. To put a quietus to the entire dispute, learned counsel for the
Petitioner submits that since the Petitioner's family is in Jaipur and his
wife also being a Kendriya Vidyalaya employee and posted in
Kendriya Vidyalaya, Jaipur, he would be satisfied in case the request
of the Petitioner is considered for transfer from Pali to Jaipur.
5. Learned Counsel for the Respondent submits that Tribunal has
granted an opportunity to the Petitioner to seek transfer in terms of the
extant policy. He, however, submits that in view of the present
prevailing circumstances, Kendriya Vidyalaya has decided not to
effect the Annual Transfer Policy, however, is exercising the power of
transfer only on administrative grounds. He, however, fairly concedes
that there is a policy of 'Request Transfer', whereunder employees can
make a request for transfer, however, the transfer is effected keeping
in view the administrative exigency and on case-to-case basis.
6. In view of the above, learned counsel for the Petitioner submits
that Petitioner shall be making a request for a Request Transfer in
terms of the policy of the Kendriya Vidyalaya.
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:13.10.2022 W.P.(C) 14394/2022 2
14:52:15
7. Accordingly, petition is disposed of with liberty to the
Petitioner to make an application under the Request Transfer Policy,
particularly Rule 16(b) of the KVS Transfer Guidelines.
8. On an application being made, Respondents are directed to
consider the same in accordance with law within a maximum period of
four weeks from the receipt of the application.
9. It is clarified that at the time of consideration of the application,
Respondents shall not be influenced by anything stated in any of the
earlier orders or the orders of the Tribunal on merit and the application
shall be considered on its merits keeping in view of the Request
Transfer Policy.
10. Petition and the application filed herewith are accordingly
disposed of in above terms.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
OCTOBER 11, 2022/yg
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
Signing Date:13.10.2022 W.P.(C) 14394/2022 3
14:52:15
