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Judgment
Dr.Chhabilendra Roul, Member (A)
The present Original Application has been filed by the Kendriya Vidyalaya Teachers Welfare Association through its President (KVTWA), Sh. Umakant Tripathi seeking the following relief:-
(i) Respondents be directed to produce complete record with notings of the case of the applicant for kind perusal of this Hon’ble Tribunal.
(ii) That impugned order dated 06.09.2021 (A-1) issuing Transfer Guidelines of Kendriya Vidyalaya Sangathan 2021, impugned order F.1-1/2021/KVS(HQ)/Eastt/dated 08.09.2021 (A-2) on the subject Notification of KVS Transfer Guidelines 2021 for Non-Teaching staff up to Assistant and teaching staff up to PGT, impugned order dated 10.08.2021 (A-3) regarding Tentative calendar of activities for annual transfer -2021, impugned order F.1-1/2021/KVS(HQ)/Estt/1898-8-1983 dated 10.09.2021 (A-4) on the subject invitation of online Transfer Applications from Teaching employees up to PGT and Non-Teaching Employees up to PGT and Non-Teaching Employees up to Assistant Section Officer for consideration of Annual Transfer 2021 be quashed and set aside.
(iii) Respondents be directed to allow KVTWA members who are recruited under North east to apply for annual transfer at par with other employees, relaxation and points awarded to office bearers in NJCM/RJCM be kept in abeyance in the interest of justice.
(iv) That this Hon’ble Tribunal may also pass any other order for the grant of relief(s) to the applicant which it may deem fit in the peculiar facts and circumstances of the case.
(v) That cost of the application may also be awarded in favour of the applicant.
The applicants have sought to challenge the transfer guidelines issued by the Kendriya Vidyalaya Sangathan in 2021.
On admission of the OA, notices were issued to the respondents and they have filed their counter affidavit to which the applicant has also filed his rejoinder.
When the matter was taken up for hearing, MA No.3032 of 2021 in OA No.2043 of 2021was also taken up. The said MA has been filed by the Applicants Association through its President seeking directions to allow 99 members of the said Association to join together in the instant Original Application (OA).
When the matter was taken up for final adjudication, the learned counsel for the respondents raised technical objection regarding maintainability of the present OA.
4.1. The learned counsel for the applicant avers that:
(i) Kendriya Vidyalaya Teachers Welfare Association is not a recognized association by the respondents.
(ii) the learned counsel for the respondents refers to paragraph 4 (17 of the Counter Affidavit wherein it has been stated that " It is submitted that KVS has three Staff Associations recognized under KVS (RSA) Rules, 1995. The details are as under:
AIKVTA
KVPSS
KEVITSA
KVTWA is not a recognized Staff Association under KVS (RSA) Rules, 1995.
4.2. The learned counsel for the respondents further states that the applicants in their prayer clause have challenged the transfer policy of the respondents dated 06.09.2021. However, in the meanwhile, the respondents have come out with modified policy dated 30.06.2023 and this has not been challenged at all. In view of this, he states that the present OA is not maintainable.
The learned counsel for the applicants’ association states that the Association has authorization of its members to challenge the transfer guidelines issued in the year 2021. While submitting the application for joining together by various affected persons, it has also furnished a list of 99 members who were affected by the said guidelines. Further, it has been mentioned that the said association vide resolution dated 7.09.2021 has authorized its president Shri Umakant Tripathi to proceed and file the OA alongwith associated Misc. Applications.
However, when the learned counsel for the applicants was specifically querried to whether the Kendriya Vidalaya Teachers Welfare Association is recognized association by the Kendriya Vidayalay Sanghthan, he could not furnish any supporting document in this regard.
I have heard both the learned counsel and perused the records of the case.
7.1 From the averments made by both the learned counsels for the parties, it has been brought out that the Kendriya Vidyalya Sangthan Teachers Welfare Association is not a recognized association by the K.V.S. Hence, it cannot file an Original Application on behalf of the affected employees of the K.V.S. in respect of transfer guidelines issued in the year 2021. Moreover, the guidelines of 2021 have been replaced by the transfer guidelines issued on 30.06.2023. Subsequently, several affected employees of K.V.S. have approached this Tribunal and the Hon’ble High Court. Further they have gone in several S.L.Ps before the Hon’ble Supreme Court. As the main cause of action i.e. transfer guidelines -2021 has been replaced by another new guidelines issued on 30.06.2023, which has not been challenged by the present applicants’ association, the OA has become infructuous.