Harpreet kaur vs DEPARTMENT OF EDUCATION on 30 December 2025

Hon’ble Mr

Smt. Harpre

(By Advocat UOI and ors (By Advoca and Ms. G.

CENTRAL ADMINISTRAT PRINCIPAL BENCH: N

O.A. No. 4996/

This the 30th Day of Dec

r. Manish Garg, Member (J eet Kaur

te: Mr. Yogesh Sharma)

Versus

s. ates: Mr. S Rajappa with Dhivyasri )

O.A. No. 4996/20 TIVE TRIBUNAL NEW DELHI

cember, 2025

J)

…Applicant

…Respondents

Mr. R Gowrishankar

SNEHA MEENA

Item No. 1 (C-3)

In the has prayed "8

(i) p d s g a s (i a w

P T

(i) (A (A d n a to tr in (i a th

2. Learned relief, seeki dated 24.12

ORDER (ORAL) on Interi instant Original Applicatio for the following reliefs:

8. Relief(s) Sought:

i) That the Hon'ble Tribunal may pass an order of quashing the dated 24.12.2025 (Annex.Al1) a 24.12.2025 (Annex.Al2), declar ame are illegal, arbitrary a guidelines and consequently, pa applicant to allow the applican chool till completion of three yea

ii) Any other relief which the H and proper may also be grante with the costs of litigation.

9. Interim relief if any prayed: Pending fma1 disposal of the Tribunal may graciously be pleas

i) staying the operation of imp Annex.All) and relieving or Annex.Al2), till the fma1 dispos date neither the applicant has b nor any other person has been applicant, otherwise, there will o the applicant and his chil ransferred at this time and sam n any means.

ii) Any other relief which the H and proper may also be in the f he case.” d counsel for the applican ing a stay of the transfer 2.2025, which are stated im Prayer on (OA), the applicant y graciously be pleased to e impugned transfer order and relieving order dated ring to the effect that the and against the transfer ass an order directing the nt to continue in the same ars tenure. Hon'b1e Tribunal deem fit ed to the applicant along e main OA the Hon'b1e sed to pass an order of : pugned dated 24.12.2025 rder dated 24.12.2025 sal of the main O.A., as till been actually relieved and posted at the place of the be great prejudice caused ldren if the applicant is me will not be compensated Hon'ble Tribunal deem fit facts and circumstances of nt pressed for interim r and relieving orders to have been passed

SNEHA MEENA

Item No. 1 (C-3)

without ass representati consideratio issued to t following ha "W s e ti a 2.1 Learne that the as that, withou applicant is the law laid Premgar G 2003(1) AT reproduced "7 h c in c p In th re signing any reasons. He fur ion submitted by the app on. He drew attention to he applicant by the resp as been stated: We hereby inform you that hipment has been scheduled an 30, 2025, at 10:00 AM. T mployees will arrive at your p ime. Kindly prepare all neces accordingly." ed counsel for the applica ssignment was for a perio ut the issuance of any sh s being arbitrarily relieved. d down by this Tribunal in Gosai Versus union of Ind TJ 688 and the relevant here as under:

7. After the learned counsel fo heard. I am of the view that tra annot be made as that wou nterest. Persons who work in p riticism and if transfers are ma public servant would be able to n the present case, complaint of he President BJP Bhuj to P esulted in the transfer of the app rther submitted that a plicant is still pending o an email dated NIL pondents, wherein the the packaging of your nd confirmed for December The transport company's place of residence at that ssary items for dispatch ant further submitted od of three years and how-cause notice, the Reliance is placed on n the case of Dhangar dia & ors reported in part of the same is or the parties have been nsfer on a mere complaint uld amount not in public public service, are open to ade on mere compliant no do the job independently. f 13 persons were sent by PMG Ahmedabad which pplicant. Clearly, before the

SNEHA MEENA

Item No. 1 (C-3)

tr m co th d

3. Mr. S. R service and Opposing th respondents repatriated contended administrat applicant, detailed rep

4. Heard

5. In the ab order dated Kendriya V applicant co Kendriya V Sangathan 24.12.2025

ransfer order was passed, no made to found out the truth of ompliant made to PMG Ahmeda he applicant apparently, withou due to extraneous consideration Rajappa, learned counsel, d accepted notice on beha he grant of interim relief, le s submitted that the on the grounds of admin that there are sufficient tive exigencies warranting which can be placed on ply. learned counsel for the res bove factual matrix, it is d 08/09.05.2025, the app Vidyalaya, Moscow. Learn ontended that the applica Vidyalaya, Moscow to the Headquarters, New Delh , is in violation of the prima facie enquiry was f the complaint. Thus the abad resulted in transfer of ut application of mind and .... " appeared on advance alf of the respondents. earned counsel for the applicant is being nistrative exigency. He reasons to establish the repatriation of the n record by filing a spective parties. noted that vide office plicant was posted to ned counsel for the ant’s repatriation from e Kendriya Vidyalaya hi, vide order dated e Kendriya Vidyalaya

SNEHA MEENA

Item No. 1 (C-3)

Sangathan which is rep “ C em (i th tr fo co (i re 5.1 Much for the appl Dhangar P not applicab case.

5.2. There transfer, ex guidelines s dated 08/09 selection of Vidyalaya, applicant w

Transfer Guidelines, the produced hereinbelow from “(B) Administrative Exigency: Commissioner, KVS reserves t mployee on following grounds

i) If his/her stay has become pr he organization at any po ransferred under this provision or coming back to the same s ompletion of 05 years stay at th

ii) In administrative exigenci egard to the displacement coun reliance has been placed b licant on the aforesaid dec Premgar Gosai (supra). ble to the facts and circum is no straightjacket form xcept that it has to be in stipulated in the Transfer p 9.05.2025 has been issued f the applicant as TGT Moscow. The present was done by the com e relevant portion of m para 4.8 of the OA: the right to transfer any rejudicial to the interest of oint of time. Employee n shall nto be considered station on transfer before he new station. ies without having any nt of the employee.” by the learned counsel cision of this Tribunal However, the same is mstances of the present mula in the matter of consonance with the policy. The office order d upon the provisional (Maths) for Kendriya repatriation of the mpetent authority in

SNEHA MEENA

Item No. 1 (C-3)

administrat the applica period of 05 cannot be a

5.3. As ev this Bench transfer but There is posting/ass the transfer of the applic officers/teac the posting any stretch be same m repatriation nature.

5.4. The pr context of m nation, and are not attra tive exigencies and, therefo ant that she could not be 5 years, as stipulated in th accepted. vident from the office ord is of the view that the p t of a posting/assignment nothing on record signment in the foreign co r policy. The foreign countr cant cannot be equated to ching and Non Teaching s g and repatriation is an in of imagination, repatriatio meaning and operate and n order cannot construe resent issue also needs to maintaining international r d therefore, the provisions acted.

ore, the submission of e transferred within a he transfer guidelines, der dated 05.03.2025, present case is not of in a Foreign Country. d that the said ountry is governed by ry posting/assignment that of the transfer of staff of KVS. Moreover, ncident of service. By on and transfer cannot d quiet distinct. The ed to be stigmatic in o be considered in the relations with friendly of the Transfer Policy

SNEHA MEENA

Item No. 1 (C-3)

5.5. Learne direction th disposal of interim reli infractuous already bee granting su relief at the

6. In view made by respondents pending rep with the law

6.1. List 29.01.2026

Order

/as/

ed counsel for the applica hat the applicant should no her representation. He pre ief is not granted, the OA . However, we note tha n relieved vide order dated uch a direction would amo interim stage, which is im w of the foregoing discussio the applicant is reje s are directed to dispos presentation dated 26.12 w, at the earliest. the O.A. for the furth . r Dasti

O.A. No. 4996/20 ant also prayed for a ot be relieved until the esses that in the event A itself shall become at the applicant has d 24.12.2025. Further, ount to granting final mpermissible. on, the interim prayer ected. However, the se of the applicant’s .2025, in accordance her consideration on (Manish Garg) Member (J)

SNEHA MEENA