Kendrapal Singh vs Kendriya Vidyalaya Sangathan & Ors.

Hon’ble Dr. Anand S Khati, Member (A):):-

In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant hahas prayed for the following reliefs:

Highlighting the facts of the case, learned counsel for the applicant submits that the applicant was initially appointed as Primary Teacher in Kendriya Vidyalaya Sangathan (KVS) w.e.f. 27.11.2003 and was subsequently appointed as TGT (Maths) through Direct Recruitment w.e.f. 11.09.2006. During his service, he was posted at various Kendriya Vidyalayas, including K.V. Jaitpur, K.V. Pahalgam, K.V. Okha, K.V. Chandkhera, K.V. Dahod and K.V. Thakkolam, Chennai Region. It is submitted that the applicant was transferred from K.V. No. 4 ONGC, Surat, Ahmedabad Region to K.V. Thakkolam, Chennai Region vide order dated 13.09.2022 on administrative grounds. While posted at K.V. Thakkolam, the applicant was promoted to the post of PGT (Maths) vide order dated 09.10.2023 pursuant to LDCE 2022 and was retained at the same station. The applicant submits that there was no uniform transfer policy governing posting on promotion and that requests for modification of posting orders of similarly situated employees were considered by the respondents. The applicant submitted representations dated 11.10.2023 and 07.11.2023 seeking modification of his posting. He submits that the applicant has substantial family responsibilities, as he has three daughters, two of whom are pursuing college education at Surat, Gujarat, and the third is studying at KV ONGC, Surat, Gujarat, and requires his care and support. Further, the Applicant’s father, aged about 75 years, has undergone open-heart surgery and is also a diabetic patient requiring regular medical care and access to adequate medical facilities, which are not readily available at Thakkolam, being a remote location. In view of these compelling family and medical circumstances, the Applicant seeks modification of his posting from KV CISF RTC, Thakkolam to KV ONGC, Mehsana or KV Dharangadhara (Ahmedabad Region), where vacancies are available. However, upon non-consideration thereof, he approached the Hon’ble CAT, Principal Bench, New Delhi by filing O.A. No. 3981/2023. The said OA was disposed of vide order dated 14.12.2023 with a direction to the competent authority to consider and decide the representations by a reasoned order. Pursuant thereto, the respondents rejected the applicant’s request vide order dated 16.02.2024, primarily relying upon his alleged All India Transfer/Posting Liability.

It is further submitted that the applicant’s transfer in the year 2022 formed part of a large--scale transfer of about 1455 teachers, which became the subject matter of proceedings before the Hon’ble Supreme Court in SLP No. 24825/2023, Kendriya Vidyalaya Sangathan & Ors. v. Neena Khatri. Pursuant to the proceedings before the Hon’ble Supreme Court, KVS proposed a process under which the concerned teachers were to be given three choices of stations and fresh postings were to be made on the basis thereof, with the earlier transfer orders being treated as dropped. The applicant submits that, in view of the aforesaid developments, the Hon’ble Tribunal, while deciding connected matters vide order dated 03.04.2024, directed KVS to permit the affected applicants to join at their original places of posting and to pass fresh transfer orders after considering their three options. Consequently, the applicant contends that his transfer stood dropped and his case was required to be reconsidered in accordance with the subsequent directions and the three options furnished by him.

The applicant thereafter approached the Hon’ble Tribunal in O.A. No. 2452/2024, pursuant to which he was permitted to submit a fresh comprehensive representation containing three choices for posting at stations other than the station from which he had originally been transferred. In compliance thereof, the applicant submitted his representation along with three preferred stations where, according to him, vacancies of PGT (Maths) were available. However, the respondents rejected the applicant’s request vide impugned order dated 06.03.2025 without, according to the applicant, properly considering the three options furnished by him or the subsequent judicial directions concerning the September 2022 transfers. The applicant therefore submits that the impugned order is arbitrary, discriminatory and contrary to the directions of the Hon’ble Tribunal, and seeks appropriate modification of his posting to a suitable vacant post of PGT (Maths) in Ahmedabad Region.

Learned counsel for the applicant further submits that M.A. No. 3748/2026 has also been filed in the present O.A., seeking a direction to the respondents to keep one post of PGT (Maths) in Ahmedabad Region vacant, out of the two posts stated to be vacant at K.V. ONGC Mehsana and PM Shri K.V. Dahod, till final adjudication of the present Original Application.

Learned counsel for the respondents has drawn my attention to the proceeding of this Tribunal dated 08.04.2026 wherein he was directed to place on record the representation pursuant to the order passed in earlier round of litigation to which the applicant submitted his representation dated 04.02.2025, which reads as under:

Opposing the grant of relief, learned counsel for the respondents relies upon the averments made in the counter affidavit. He submits that the applicant qualified in LDCE-2022 and was selected for promotion to the post of PGT (Maths) against the 2019 vacancy. Considering the vacancies available at the time of issuance of the promotion order, he was posted to Kendriya Vidyalaya, CISF RTC, Thakkolam. The Respondents’ counsel submits that postings on promotion are made strictly as per availability of vacancies, merit, seniority and organizational requirements, with preference being given to PwD employees. Selected candidates are accommodated, as far as possible, at nearby/available vacant stations. An employee has no vested or inherent right to seek posting at a particular place of choice. KVS employees are also subject to an All-India Transfer/Posting Liability. The Applicant voluntarily accepted the promotion and joined at the designated place of posting with full knowledge of his family responsibilities. His subsequent dissatisfaction with the posting, without any change in the relevant circumstances, does not constitute an exceptional ground for modification of the posting order. LDCE is a promotional avenue subject to acceptance of promotion, and postings are made keeping in view the educational and administrative requirements of KVS. The Applicant was subsequently transferred in September 2022 as part of rationalization and redistribution. The Applicant relies upon the Hon’ble Supreme Court’s order dated 19.03.2024 in SLP (C) No. 24825/2023, under which certain transferred teachers were permitted to exercise choices for alternative stations, subject to specified conditions. However, the Respondents contend that the said order does not apply to the Applicant, as he is presently working as PGT (Maths) pursuant to LDCE-2022 promotion and is not serving as TGT (Maths), the category covered by the said exercise. Reliance is also placed on the order dated 30.01.2025 in OA No. 2452/2024, wherein it was observed that the Supreme Court’s order dated 19.03.2024 would not apply to the facts of that case, although modification of an LDCE-2022 posting was considered. Accordingly, the Respondents maintain that the Applicant’s request for change of posting is not supported by any exceptional change in circumstances or enforceable right, and that the posting was made in accordance with vacancy position, merit and the administrative requirements of KVS. The Respondents deny the contrary averments and rely upon their earlier replies to the relevant paragraphs.

Learned counsel for the applicant, in rejoinder, submits that the transfer order dated 13.09.2022 having been rendered subject to the subsequent directions of the Hon’ble Supreme Court, the respondents were required to reconsider the applicant’s case by obtaining and considering his fresh three choices/options. It is further submitted that the decision of the Hon’ble Supreme Court in SLP (C) No. 24825/2023 came to be rendered after the earlier rejection of the applicant’s representation and, therefore, the applicant’s case ought to have been reconsidered in the light of the subsequent judicial developments.

Heard learned counsel for the parties and perused the pleadings and material placed on record.

The controversy, in substance, pertains to two interconnected issues: first, the applicant’s posting at K.V. Thakkolam pursuant to his promotion to the post of PGT (Maths) through LDCE-2022; and second, his claim that the transfer order dated 13.09.2022, whereby he was transferred from K.V. No. 4 ONGC, Surat, to K.V. Thakkolam, Chennai Region, ought to be treated in accordance with the subsequent directions issued in the proceedings relating to the September 2022 transfer exercise. From the material placed before this Bench, it is evident that the applicant had already approached this Tribunal in an earlier round of litigation, pursuant to which his representation was directed to be considered by the competent authority. The representation dated 04.02.2025, submitted pursuant to the order passed in O.A. No. 2452/2024, contains three choices furnished by the applicant for his proposed posting.

At this stage, without expressing any opinion on the applicant’s entitlement to any particular station, I am of the view that the subsequent judicial developments, including the directions issued by the Hon’ble Supreme Court on 19.03.2024 in SLP (C) No. 24825/2023, and the applicant’s specific contention that his case is required to be considered in the light thereof, warrant consideration by the competent authority in the first instance. I therefore deem it appropriate to dispose of the present Original Application by directing the competent authority amongst the respondents to consider the applicant’s representation afresh, keeping in view the directions of the Hon’ble Supreme Court dated 19.03.2024 in SLP (C) No. 24825/2023, the order dated 30.01.2025 passed by this Tribunal in O.A. No. 2452/2024, the applicant’s three choices furnished vide representation dated 04.02.2025, and the applicable rules/policies governing posting and transfer of KVS employees. Needless to say, the competent authority shall examine the applicant’s case objectively, including the availability of vacancies and the applicability, if any, of the aforesaid judicial directions to the applicant’s present status as PGT (Maths), and shall pass a reasoned and speaking order. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. The competent authority shall communicate the decision so taken to the applicant forthwith thereafter. It is clarified that I have not expressed any opinion on the merits of the applicant’s claim for posting at any particular station, and the competent authority shall take a decision in accordance with law and the applicable rules.

With the aforesaid directions, the Original Application stands disposed of. All pending MAs, if any, shall also stand disposed of.

There shall be no order as to costs.