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Judgment
Ashish Kalia, Judicial Member
The Original Application has been filed by the applicant seeking the following relief:
“(1)Call for the records leading to the issue of Annexure A7 and set aside Annexure A7 to the extent the applicant is transferred to JNV South Andaman on displacement.
(2)Direct the respondents to consider accommodating the applicant in any of the 5 clear and actual vacancies available in Kerala at JNV Ernakulam or JNV Trivandrum or JNV Calicut or JNV Kottayam or JNV Pathanamthitta.
(3)Declare that the displacement of the applicant to JNV South Andaman despite availability of vacancy at JNV Kottayam (actual vacancy) and JNV Calicut and JNV Pathanamthitta (deemed vacancy) as per Annexure A7 is totally unjustified and illegal.
(4)Call for the records leading to the issue of Annexure A8 and A10 and set aside Annexure A8 and A10 in as much as the same prevents the applicant from participating in the second round of transfer and raise claim to be accommodated against clear and actual vacancies notified for the second round of transfer.
(5)Declare that the provisions in Annexure A8 & A10 which prevents an employee in JNV below 45 years of age from participating in the second round of transfer on getting displacement even on medical grounds is irrational, illegal and arbitrary.
(6)Any other further relief or order as this Hon'ble Tribunal may deem fit and proper to meet the ends of justice.
(7)Award the cost of these proceedings.”
The brief facts of the case are as follows: -The applicant is a 43 years old person and is an employee of Jawahar Navodaya Vidyalaya (JNV). She is undertaking treatment for infertility. She is a Trained Graduate Teacher (TGT), Hindi posted at JNV Thrissur and is due for transfer as she has completed 10 years at the present station. She submitted that during the first time provisional transfer list (Annexure A7) she was ordered for transfer to JNV, South Andamans on displacement. However, she submits that in the second round the respondents have notified 5 vacancies in JNV, Ernakulam, JNV, Trivandrum, JNV, Calicut, JNV, Kottayam and JNV, Pathanamthitta but she was prevented from applying for the above 5 vacancies as per the new transfer policy which states that if a person below 45 years of age is posted to a hard station, the employee can only opt for another hard station. She has submitted Annexure A9 representing highlighting the crucial age factor in respect of undertaking the infertility treatment and sought compassion in accommodating her in any of the 5 vacant posts in Kerala. She submits that she already had a posting at an identified hard station for the purpose of transfer namely Nabrangpur (Odisha) under Bhopal Region, when she was initially recruited in NVS. She submits that she should be allowed to continue at the present place of posting as there are 5 vacancies available so that she may complete her treatment which is very vital for a family life. Aggrieved by the above, the applicant has approached this Tribunal, praying for the above relief.
Adv. Mr. M. K. Padmanabhan Nair, ACGSC takes notice on behalf of the respondents and submits at the Bar that it is a provisional list issued by the respondents. This list will be open for objection and then only a final list will be published.
4 Be that as it may, this Tribunal is of the view that respondents may take a call on the representation made by the applicant at Annexure A9. For any further objections, if required, the applicant may do the needful within a period of 10 days from the date of receipt of a copy of this order. The respondents may decide the same, preferably, within a period of 30 days from the date of receipt of such objection from the applicant. Ordered accordingly. Till then the applicant may not be disturbed from the present place of posting. Further, liberty is also granted to the applicant to approach this Tribunal, if she is not satisfied.
With these directions, the O.A is disposed of at the admission stage itself. No order as to costs.
List of Annexures
Annexure A1: True copy of notification No.F.2-1/2022(ATD)-NVS(Estt.II)/Gen/10961 dated 23.2.2022 issued by the 1st respondent.
Annexure A2: True copy of application dated 9.5.2022 submitted by the applicant for ATD 2022.
Annexure A3: True copy of the representation dated 3.5.2022 to the 2nd respondent.
Annexure A4: True reproduction of the copy of the representation dated 24.5.2022 to the 2nd respondent.
Annexure A5: True copy of circular F.No.1-4/NVS(HR)/Estt.II/2022-22 dated 26.4.2022 issued by the Deputy Commissioner i/c, NVS, Hyderabad Region.
Annexure A6: True copy of medical certificate dated 10.7.2022 issued by the ARMC IVF Fertility Centre, Thrissur.
Annexure A7: True copy of the Provisional Transfer List (Round 01) - ATD 2022 dated 20.6.2022 in respect of TGT Hindi (relevant portion).
Annexure A8: True copy of notice No.F.2-1/2022(ATD)-NVS(Estt.II)/Gen/344 dated 8.7.2022 issued by the 1st respondent.
Annexure A9: True copy of the representation dated 12.7.2022 to the 2nd respondent.
Annexure A10: True copy of notification No.F.2-3/2020/ATD-NVS(Estt.II)/10818-31 dated 28.1.2022 issued by the 1st respondent. . . .