AI Structured Summary
Not yet generated for this judgment
Judgment
P.Madhavan, Judicial Member This Original Application has been filed by the applicants seeking the following reliefs:
"(a)Call for records leading to Annexures A1& A2 and quash the same;
(b)Direct the 2nd respondent to consider and post the applicant as PGT (English) at KV No. 2, Naval Base, Kochi forthwith, with all the consequential benefits arising therefrom including seniority;
(c)Award costs of and incidental to this Application;
(d)Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case.
The brief facts of the case are as under:
The applicant was initially appointed as a Trained Graduate Teacher (English) on 10.08.2009 at K V Sivaganga near Madurai in Tamil Nadu. She was transferred and posted at KV No. 2, Naval Base Kochi on 14.08.2018 on single parent ground. While working at KV No.2, Naval Base, Kochi, the applicant was promoted to the post of Post Graduate Teacher (English) after being qualified in Limited Departmental Competitive Examination and posted to Agarthala No.II ONGC, a place 2200 Kms away from present station, as per the order dated 05.02.2019. Since vacancies of PGT (English) were available in Kerala Region to accomodate the applicant, pointing out same, the applicant submitted several representation for modification of transfer. The grievance of the applicant in this OA pertains to refusal on the part of the respondents to consider for a posting againt the vacant post of PGT (English) at KV No. 2, Naval Base, Kochi, on single parent ground. Hence, the applicant has approached this Tribunal praying for the above reliefs.
When the matter came up for consideration, it appears that the counsel for the applicant has filed an M.A along with a copy of the representation dated : 30.09.2021 for consideration by the competent authority, i.e, the 1st respondent. The applicant will be satisfied, if her representation is considered in the light of relevant rules, regulations and guidelines by passing a speaking order.
Adv.Mr.C Rajendran, learned counsel for the respondents is present and submits that respondents have no objection in considering the representation in the light of relevant rules and guidelines.
In view of the limited relief, the Competent Authority is directed to consider Annexure MA-1 representation on the basis of relevant rules, regulations and guidelines and pass a speaking and reasoned order within a period of one month. One vacancy of PGT (English) at KV No. II, Naval Base, Kochi will be kept vacant till an order is passed in the representation of the applicant.
The Original Application is disposed of as above. No costs.
List of Annexures
Annexure A1- True copy of the communication bearing No. F.31014/04/2020-21/KVS RO (Ekm), dated 23.12.2020, issued by the 3rd respondent. Annexure A2- True copy of the Memorandum F.No 11055/PGT/LDCE/2018- 19/KVS, dated 26.06.2019, issued by the 2nd respondent. Annexure A2(a): True Translation of Annexure A2.
Annexure A3- True copy of the relevant pages of the order No.F.11055/PGT/LDCE/2018-19/KVS (HQ)/Estt-Il, dated 05.02.2019 issued by the 2 nd respondent.
Annexure A4- True copy of the representation dated 06.12.2019, submitted to the 1 st respondent.
Annexure A5- True copy of the forwarding letter dated 06.02.2019 from the 4 th respondent.
Annexure A6- True Copy of the order No. F.No.11055/PGT/LDCE/2018-19/KVS (HQ)/ Estt-Il, dated 25.02.2019, issued by the 2nd respondent. Annexure A7- True copy of the representation dated 26.02.2019, submitted to the 1 st respondent.
Annexure A8- True copy of the e-mail communication dated 29.05.2019 from the 2nd respondent.
Annexure A9- True copy of the representation dated 31.05.2019 addressed to the 2nd respondent.
Annexure A10- True copy of the letter bearing No. F.No. 11055/TGT/LDCE/2018- 19/KVS (HQ)/ Estt.II, dated 07.06.2019, issued by the 2nd respondent. Annexure A11- True copy of the e-mail sent to [email protected] on 10.06.2019. Annexure A12- True copy of the Modification of Promotion Order No. F.No. 11055/PGT/LDCE/2018-19/KVS, dated 26.06.2019, issued by the 2nd respondent. Annexure A12(a)- True translation of the relevant portion of Annexure A12. Annexure A13- True copy of the Order No. F.11055/TGT/LDCE/2018- 19/KVS(HQ)/Estt.II, dated 22.07.2019, issued by the 2nd respondent. Annexure A13(a)- True translation of relevant portion of Annexure A13.
Annexure A14- True copy of the representation dated 29.08.2019, addressed to the 1st respondent.
Annexure A15- True copy of Modification of Place of Posting on Promotion Order No. F.No.1-1/2019/KVS (HQ)/Estt.II, dated 31.08.2019, issued by the 2nd respondent. Annexure A15(a)- True translation of relevant portion of Annexure A15. Annexure A16- True copy of the representation dated 12.12.2020 addressed to the 3rd respondent.
Annexure A17- True copy of the relevant pages of the Transfer Guidelines of Kendriya Vidyalaya Sangathan 2021.
Annexure A18- True copy of the order no. F.1-1/2021/KVS (H)/Estt-II/1878-1933, dated 10.09.2021, issued by Joint Commissioner (Admn/Pers). Annexure A19- True copy of the 'Tentative Calender of Activities for Annual Transfers - 2021' issued by the respondent.