Tribunals and CommissionsDivision Bench(2019) 03 CAT CK 0129

Harish Chandra Sharma vs Govt. Of N.C.T. Delhi And Ors

Central Administrative Tribunal · Decided on 15 March 2019

HON’BLE JUDGES
L. Narasimh Reddy, J · Mohd. Jamshed, J
RESULT
Dismissed
CASE NUMBER
Original Application No. 2519 Of 2018

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Judgment

9 paragraphs · 394 words
1.

The applicant is a teacher in Sanskrit in the Delhi Administration. He was working in the Govt. Boys Senior Secondary School, J.J. Colony, Raghubir Nagar, New Delhi-27, by July, 2018. Through an order dated 05.07.2018, the administration transferred as many as 83 teachers, from one place to another on the recommendations of the Head of Departments. The applicant is one of them. He has been transferred to Saraswati Garden-G(Co-ed) SS. The same is challenged in this OA.

2.

The applicant contends that the Govt. framed guidelines for transfer of teachers and one of the clauses contained therein, namely, Clause 14 is that, as many as 3 teachers, in any school, in the Academic Session, can be transferred on the recommendations of the Principal and such a condition operates detrimental to the interests of teachers.

3.

The respondents filed a counter affidavit opposing the OA. It is stated that the condition was incorporated to bring about a semblance of discipline in the schools and the applicant cannot be said to have suffered any detriment.

4.

We heard Shri Ranjit Sharma, learned counsel for the applicant and Shri G.D. Chawla for Ms. Harvinder Oberoi, learned counsel for the respondents.

5.

The preamble of the impugned order dated 5. 07.2018, itself indicates that all the transfers were made on the recommendations of the Heads of Department. Clause 14 of the transfer policy framed by the Govt. reads as under:-

"14. In an academic session, three teachers of a school can be transferred out of the school as per recommendations of Principal/Vice Principal/Head of School, in the larger interest of students and functioning of school. Every effort will be made to accommodate such teachers in nearest available school. This will not be considered as a transfer on administrative ground. An online module will be suitably designed, in this regard."

6.

It appears that the above clause was incorporated with a view to bring about harmony in the administration of the institutions. At any rate, the applicant did not choose to challenge the said condition.

7.

It is brought to our notice that the applicant has joined the school to which he is transferred and thereafter he was transferred to another school.

8.

Under these circumstances, nothing remains to be decided in the OA. It is accordingly dismissed as infructuous. There shall be no order as to costs.