Mahipal Singh vs Government Of NCT Of Delhi And Ors

Pradeep Kumar, Member (A)

Applicant had joined the respondent organisation, namely, Sarvodaya Bal Vidyalaya (SBV), Subhash Nagar on 01.12.2009 as a Teacher (TGT-English). He had been teaching English to the students of Class VI to X since 2009 in this school. There are said to be 5 posts of English Teachers in the school and there were two English Teachers working, out of which one was the applicant.

The Head of School (HOS), however, recommended the transfer of applicant and as a result thereof, transfer orders were issued on 05.07.2018 wherein about 83 teachers have been transferred from one school to the other. The applicant's name appears at Sl. No.47 and he was transferred from Subhash Nagar-SBV to Bindapur No.2, Govt. Boys Senior Secondary School (GBSSS). The applicant was relieved on 12.07.2018 and he has joined the new school on 13.07.2018.

Thereafter, applicant made a representation to the respondents on 31.07.2018 requesting for transfer order to be cancelled and to post him back to his earlier school at Subhash Nagar. This representation has since been rejected vide orders dated 11.09.2018.

Feeling aggrieved, the present OA has been filed wherein relief has been sought in the form of cancelling the transfer order and posting him back to the school at Subhash Nagar.

Heard Sh. Harsh Anand, learned counsel for applicant. The applicant had pleaded that as per the transfer policy in force, the academic interest of the students has not been kept in view by the respondents, and accordingly, the transfer order is not correct and subsequently the rejection of his representation dated 11.09.2018 is also not correct.

It is seen from the impugned order dated 11.09.2018 that transfer policy has been circulated by the respondents on 17.05.2018. The applicant had not been able to bring out as to which part of the transfer policy has been violated in his case except to mention that 3 vacancies of English teachers already existed and further vacancy would aggravate the situation.

The Government servants holding the transferable post have no vested right to remain at one place and are liable to be transferred. The applicant had been working at the school at Subhash Nagar since 2009, and therefore, he had already served in this school for about 9 years.

In the instant case, the applicant's representation dated 31.07.2018 has already been considered and rejected. The applicant is already serving at the new location w.e.f. 13.07.2018. This Tribunal is of the view that no interference is called for.

In the result, OA stands dismissed being devoid of merit. No order as to costs.