NIDHI GUPTA vs KENDRIYA VIDYALAYA SANGATHAN (KVS) on 6 November 2026

1. Learned counsel for the applicant submits that the applicant has been working in Jalandhar for the last seven years and her husband is working in Gurgaon (Gurugram). He submits that they are undergoing through certain family problems as she has to take care of her mother in law who is due for surgery. He submits that the annual transfer process was closed on 30.10.2026 but without considering the request of the applicant. It is submitted that she had also given a representation dated 28.10.2026 highlighting all her problems. It is submitted that the said representation is still pending consideration.

2. Learned counsel for the applicant presses for grant of interim relief by way of a direction to the respondents to keep one post of Primary Teacher vacant at PM Shri AFS Gurgaon, Second Shift, till the adjudication of the O.A.

3. Issue notice to the respondents. Mr. S. Rajappa and Mr. Dilbag Singh, learned counsel, who appear on advance service, accept notice. They seek a reasonable period of time to file reply.

DEEKSHA DHINGRA

4. Learned counsels for the respondents vehemently oppose the prayer for grant of interim relief. Mr. R. Gowrishankar, learned counsel for the respondents, submits that the respondents are guided by the Transfer Policy 2023, especially, the head ‘II. Transfer on Administrative Grounds (B) Administrative Exigency, clause (3)’ which reads as under (page 53):- "3. Commissioner, KVS reserves the right to transfer any employee on following grounds based on requests in exceptional circumstances against clear vacancies even after completion of transfer process in case of: I. Transfer on spouse ground - Where both spouses are KV employees or one spouse is KV employee and the other is a Central Govt / Defence employee / Central PSU / Central Autonomous Bodies/ State Govt employee and the tenure of the KV employee has not been completed but stay at station is more than 3 years;

II. Transfer in respect of PwD/Care giver for PwD i.e. Spouse /Son/Daughter /LTR."

5. Learned counsel for the applicant submits that the direction sought for by the applicant by way of the clause 9 of the O.A. is basically the domain of the respondents and a direction to keep a specific post vacant for a particular person cannot be granted by the Tribunal.

6. At this stage, learned counsel for the applicant fairly submits that the applicant would be satisfied if a direction were to be issued to the respondents to consider her pending representation.

DEEKSHA DHINGRA

7. In view of the limited prayer made hereinabove and without going into the merits of the case, the O.A. is disposed of at the admission stage itself, with a direction to the respondents to carefully consider the pending representation of the applicant dated 28.10.2026 and pass a reasoned and speaking order on the same after giving her a personal hearing on humanitarian grounds within a period of ten days from the date of receipt of a certified copy of this order.

8. The O.A. stands disposed of in the aforesaid terms. There shall be no order as to costs.

9. Before parting, it is made clear that I have neither commented nor gone into the merits of the case.

(B. Anand) Member (A)

/dd /

DEEKSHA DHINGRA