SANJAY DHAKED vs KVS on 30 October 2026

1. K C S G S

2. T K M

M

3. T C

(By A

Central Administrativ Principal Bench, N O.A. No. 1664/ This the 30th day of O ’ble Mr. Manish Garg, Membe anjay Dhaked, Late Sh. Prahlad Dhak i Nala Damp Road, Hidaun City, Dist sthan-322230.

Advocate: Mr. Saurabh Kumar) Versus Kendriya Vidyalaya Sangathan, T Commissioner, Kendriya Sangathan, (Under Ministry of Government of India), 18, Instituti Shaheed Jeet Singh Marg, Ne 10016. The Assistant Commissioner Kendriya Vidyalaya Sangathan Ministry of Education, Government 8, Institutional Area, Shaheed J Marg, New Delhi-110016. The Principal, Kendriya Vidalaya N Cantt. UP-282001. Advocate: Mr. S Rajappa, Mr. R Gow

ve Tribunal New Delhi /2025 ctober, 2026 er (J) ked, R/o t-Karauli, ...Applicant Through its Vidyalaya Education, ional Area, ew Delhi- (Estt.2/3), n, (Under t of India), Jeet Singh No.2 Agra

...Respondents.

wrishankar, Ms. G Dhivyasri) /2025 SUR AJ BISH T SUR AJ BISH T

Item No.56 (Court-4)

In of the prayed f “A

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re C fo pr ke V R D di of 2, E K re pe P de

2. Le applican the impu relieving

ORDER (ORAL Hon’ble Mr. Manish Ga n the present Original Applicatio Administrative Tribunals Act, for the following reliefs: “A. Quash and set aside the imp 6.04.2025, whereby the Applicant, l een transferred as surplus staff to West Bengal), in violation of the Ke KVS) Transfer Guidelines, 2023; B. Quash and set aside the impu 1.04.2025, issued by Respondent No. eport at KV Sukna, West Bengal; C. Direct the Respondents to re-consi or intra-regional redeployment, in ac rovisions of the KVS Transfer Gu eeping in view the availability of Vidyalayas within the same region, i Rampur; D. Direct the Respondents to correc isplacement and transfer counts in a f the KVS Transfer Guidelines, 2023, , Agra Cantt as continuous since 03.0 E. Direct the Respondents to place Kendriya Vidyalaya within his preferre egion as per policy, taking into acco erformance record; Pass such other and further orders a eem fit and proper.” earned counsel for the applic nt has already joined at KV Suk ugned transfer order dated 16.0 g order dated 21.04.2025. It is su

L) arg, Member (J):- on, filed under Section 19 1985, the applicant has ugned transfer order dated listed at Serial No. 121, has Kendriya Vidyalaya, Sukna endriya Vidyalaya Sangathan ugned relieving order dated . 3, directing the Applicant to ider the case of the Applicant ccordance with the applicable uidelines, 2023, particularly f vacant posts at Kendriya including KV Jhansi and KV ctly compute the Applicant's accordance with Paragraph 4 treating his tenure at KV No. 08.2015. the Applicant in a suitable ed choices or within the same ount his length of service and as this Hon'ble Tribunal may cant fairly submits that the kna, West Bengal, pursuant to 04.2025 and the consequential ubmitted that, prior to joining,

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Item No.56 (Court-4)

the app seeking transfer. the resp stand ta purpose consider sought i of the av

3. O the gran affidavit vacancie conduct norms a position orders, b posts ac KVS Ed position (Hindi) 31-03-2

plicant had submitted a repre redressal of his grievances . However, the said representatio ondents. Learned counsel furthe aken by the respondents in their would be served by reman ration at this stage. It is, ther in the O.A. may be considered o verments made in the counter aff On the other hand, learned counse nt of relief and relies upon the av

t. He submits that the process es for the purpose of accom ed centrally by KVS in acco and provisions of the KVS T n was duly published prior to th based on administrative require cross KVs. He further submits ducation Code, for the academ n of KV No. 2 Agra Cantt. was r held by the Applicant was offi

025. It is submitted that if a esentation dated 18.04.2025, and reconsideration of his on has not been considered by er submits that, in view of the r counter affidavit, no useful nding the matter for fresh refore, urged that the reliefs n their own merits in the light fidavit. el for the respondents opposes verments made in the counter of identifying and notifying mmodating surplus staff was ordance with the established ransfer Policy. The vacancy he issuance of surplus transfer ements and the availability of that as per Article 44 of the mic session 2025-26, the staff reviewed and the post of TGT icially declared as surplus on post is declared surplus, the

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incumbe redeploy another based on strict ad Para 2-1 surplus region. preferen Applica Regiona "Does t submitte Madhop Subsequ the case online t employe herein s Jaipur 2 vacancy 04-2025

ent employee becomes excess to yed against available vacancies w station. The identification of n the Displacement Counts, as p dherence to the transfer guidelin 1-A(b) (i) of the KVS Transfer are to be first considered for re The Applicant was accordingl nces for possible redeploymen nt in his application dated 24-0 al redeployment by selecting "Y the employee want to the rede ed his five choices being A pur and Bharatpur, which are n uently, based on the option for e was processed by KVS under transfer portal developed and m ees were invited to submit fresh submitted the following choices

2. Mathura 3. Alwar 4. Delhi an y available the Applicant was is 5 and was transferred to KV

o the requirement and is to be which may include transfer to surplus staff was conducted per the Transfer Policy, and in nes. That in accordance with r Policy, employees declared edeployment within the same ly invited to submit his five nt. It is submitted that the 03-2025 had opted for Inter- YES" in response to the query eployed out of Region" and Alwar, Jaipur, Kota, Sawai not within the Agra Region. Inter-Regional redeployment, Para 2-1-A(b)(ii) through the managed by NIC. All surplus preferences and the Applicant through the online portal: 1. nd 5. Jhansi.That based on the ssued transfer order dated 16- Sukna. It is submitted that

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redeploy transpar with the availabi

4. I availabl incidenc right. Fu administ domain to the ap

5. In applican and that provisio applican his case represen transfer. disposed yment of the Applicant was rently through the NIC managed e provisions of the KVS Transf lity and transfer merit.” have considered the submissio e on record. It is well settled ce of service and that the choice urther, where an employee is de trative requirements, his redeplo of the competent administrative pplicable policy and guidelines. n the present case, the responde nt's transfer on the ground that h t his case was processed in ac ons of the KVS Transfer Pol nt has raised certain grievances r e was considered for redeploym ntation dated 18.04.2025 seek . It is not disputed that the said d of by the competent authority.

s carried out centrally and d online system strictly in line fer Policy, based on vacancy, ons and perused the material that transfer is ordinarily an e of posting is not a matter of eclared surplus on account of oyment is primarily within the e authority, subject, of course, nts have sought to justify the his post was declared surplus ccordance with the applicable icy. At the same time, the regarding the manner in which ment and has also submitted a king reconsideration of the d representation has not been

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6. I Supreme Commis ordinari reasons way of circumst been co applican of the appropri first inst

7. A the appl I deem to the a the com receipt o the resp passing an oppo from the am conscious of the principle e Court in Mohinder Sing ssioner, that the validity of a ly be judged on the reasons cannot subsequently be supplem pleadings in a counter affidavi tances of the present case, I find ommunicated by the compet nt's representation on its merits. considered view that the ap iately merit consideration by th tance. Accordingly, without expressing licant's claims or the validity of it appropriate to dispose of the applicant to submit a fresh, com mpetent authority within a period of a copy of this order. Upon r ondents shall consider and decid a reasoned and speaking order, ortunity of personal hearing, w e date of receipt of the represent e laid down by the Hon'ble gh Gill v. Chief Election an administrative order must stated therein and that such mented or improved upon by it. However, in the facts and d that no specific decision has tent authority rejecting the In these circumstances, I am pplicant's grievances would he competent authority in the any opinion on the merits of the impugned transfer orders, present O.A. with a direction mprehensive representation to d of ten days from the date of receipt of such representation, de the same independently, by , after affording the applicant within a period of thirty days tation. It is made clear that the

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compete accordan relevant made he

8. Th M.A.s, i no order

/sb/

ent authority shall consider th nce with the applicable KVS t provisions, without being infl ereinabove. he O.A. stands disposed of in if any, shall also stand disposed r as to costs.

O.A. No.1664/ he applicant's grievances in S Transfer Policy and other fluenced by any observations the aforesaid terms. Pending of accordingly. There shall be (Manish Garg) Member (J) /2025 SUR AJ BISH T SUR AJ BISH T