Smt. Jyoti vs The Union Of India & Ors.

PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER:

The applicant has approached this Tribunal to seek the following relief:

Brief of the case as submitted by learned counsel for the applicant are that, applicant joined as TGT (Hindi) under special recruitment drive conducted for NER and was posted at KV, lmphal No. 1 (Lamphelpat), Manipur in Tinsukia Region under North Eastern Zone w.e.f. 09.01.2019, with no scope for transfer out of NER. In order to get spouse unification and to reside with his family, the husband of the applicant, who is working as Post Graduate Teacher-Commerce at KVS opted for and was transferred from KV, Pragati Vihar, New Delhi to K.V. No. 2, CRPF, Langjing, lmphal, Manipur and joined at lmphal on 23.08.2023.

The grievance of the applicant is that respondents have published Marked Surplus Employee list (Tinsukia) in April, 2026 whereby the applicant has been declared as surplus and vide the impugned transfer order dated 31 .08.2026 applicant has been transferred from KV No. 1, Lamphelpat to KV No. 1, AFS, Jorhat.

According to applicant, the transfer order has been issued in the middle of the academic session of the daughter of the applicant who is studying in class X at KV No. 1, Lamphelpat, who will be appearing her Board Examination in 2027 and such transfer during the mid academic session is against the settled position of law of the Hon’ble Supreme Court in Director of School Education Vs O. Kuruppa Thevan [1994 Supp (2) SCC 666] and Para 2(I)(A) of Part 1-A of the transfer policy, 2023 and which are also violative of the policy of spouse posting in the same station as provided under Para 3(x) of the transfer policy, 2023 dated 30.06.2023 and DOPT OM dated 30.09.2009 and 24.1 1.2022.

Learned counsel for the applicant submits that she is ready to join the new place of transfer after her daughter Board exam is over and vide this O.A she prays for a direction upon the respondents to allow the applicant to continue her service in the present place of posting at KV No. 1, Lamphelpat, lmphal, Manipur till the end of the academic session of her daughter studying in Class X at KV No. 1, Lamphelpat, lmphal, Manipur i.e. till April, 2027.

Sri M. K. Mazumdar, learned standing counsel for the KVS submits that the applicant has been declared surplus in Imphal KVS and there are other school which are in need of academic staffs, so she has been transferred and objected to grant of interim relief.

Dr. Sharma, learned counsel for the applicant further submits that the applicant has preferred three representations on 26.04.2026, 27.08.2026 and 02.09.2026 (Annexure A-8/9/14) respectively which are still pending and has fairly submitted that presently, it would suffice the purpose of the applicant if the Respondent be directed to consider her representations treating this O.A as part of her representations and dispose of the same within a stipulated period of time

In view of the above, without entering into the merits of the matter, we dispose of this O.A with a direction upon the Respondents/competent authority to consider the case of the applicant by treating this O.A as part of her representations, keeping in mind that her daughter is set to give her Board Examination in April 2027 and in the light of the judgement cited above, and communicate their decision by way of a reasoned and speaking order within a period of 30 days from the date of receipt of certified copy of this order. Till such time, status quo as on date be maintained.

Applicant is directed to serve copy of the O.A along with copy of this order to the Respondents within a week.

Accordingly, the O.A. stands disposed of at the admission stage itself with no order as to costs.