Suleman Khan Kayamkhani S/o Yaseen Khan Kayamkhani v. Kendriya Vidyalaya Sangathan, through the Commissioner
2017-12-14
SANGEET LODHA, VINIT KUMAR MATHUR
body2017
DigiLaw.ai
ORDER : 1. This writ petition is directed against the order dated 18.02.2015 passed by learned Central Administrative Tribunal, Jodhpur Bench, Jodhpur, whereby Original Application No. 425/2014 filed on behalf of the appellant under Section 19 of the Administrative Tribunals Act, 1985 challenging the transfer order dated 18.11.2014 whereby the petitioner-applicant was transferred from Kendriya Vidyalaya No. 1, Bikaner to Kendriya Vidyalaya Baad Mathura in public interest, has been disposed of with the direction to the respondents to give information to the applicant about the issues and facts taken into consideration and the reasons for his mid-session transfer. 2. On 25.02.2015 while issuing notice to the respondent, an interim order was passed by a co-ordinate Bench in favour of the petitioner in the following terms : “In the meanwhile and until further orders, effect and operation of the order dated 18.11.2014 passed by the Administrative Officer (Establishment), Kendriya Vidyalaya Sanghathan, New Delhi transferring the petitioner from Kendriya Vidyalaya No.1 Bikaner to Kendriya Vidyalalya Baad Mathura shall remain stayed.” 3. On 23.09.2016 while admitting the writ petition, the interim order passed as aforesaid was extended till final orders. 4. Pursuant to the interim order passed as aforesaid staying the transfer Order dated 18.11.2014, the petitioner is continuing at Kendriya Vidyalaya No. 1, Bikaner till this date. 5. In our considered opinion the administrative exigency, which was existing at the relevant time when the transfer order was passed, must not be existing as on date and since, the petitioner is continuing at the place from where he was transferred for last three years, no fruitful purpose will be served in adjudicating the controversy on merits. 6. Learned counsel appearing for the respondents submits that the interim order passed by this Court may be made absolute and respondents may be given liberty to issue fresh transfer order of the petitioner in case of administrative exigency. 7. The prayer made on behalf of learned counsel for the respondents is not opposed by the counsel for the appellant. 8. Accordingly, interim order dated 25.02.2015 is made absolute. The respondents shall be at liberty to issue fresh transfer order of the petitioner in case of administrative exigency. 9. At this stage, learned counsel appearing for the petitioner submits that the petitioner has not been paid salary for three months period i.e. from 21.11.2014 to 26.02.2015 by the respondents. 10.
8. Accordingly, interim order dated 25.02.2015 is made absolute. The respondents shall be at liberty to issue fresh transfer order of the petitioner in case of administrative exigency. 9. At this stage, learned counsel appearing for the petitioner submits that the petitioner has not been paid salary for three months period i.e. from 21.11.2014 to 26.02.2015 by the respondents. 10. The petitioner may make representation in this regard to the authority concerned which shall be considered and decided expeditiously, after giving an opportunity of hearing to the petitioner. 11. The writ petition is disposed of accordingly.