CH. KANONBALA DEVI Vs. UNION OF INDIA
HIGH COURT OF MANIPUR
Ch. Kanonbala Devi
UNION OF INDIA
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RAMALINGAM SUDHAKAR,J. -
(1.) Heard Mr.Kh.Binoykumar, learned senior counsel for the petitioner and Mr.S.Samarjeet, learned CGC for the respondents No. 1, 2 and 3.
(2.) The prayers in this writ petition are extracted as under:-
"i. to admit this petition for hearing;
ii. after hearing the parties, to quashed and set aside the order dated 07.12.2018 passed by the CAT, Gauhati Bench in O.A. No: 250/2016; the impugned Transfer Drive, 2016 in so far as the petitioner is concerned whose name is shown at Sl. No. 131 and the consequential Transfer orders dated 19.08.2016 (Annexure - A/2 Colly).
iii. to pass any other further Writ/Orders/Directions as may deem fit, and appropriate in the nature of the case."
(3.) The facts relevant for deciding the case are as below:-
The petitioner joined service as a PET (Physical Education Teacher) in the JNV (Jawahar Navodaya Vidyalaya) in the year 1994 and now she is serving as such in the JNV, Khumbong in Imphal West District of Manipur under the Navodaya Vidyalaya Samiti, Regional Office Shillong. Besides, her normal duties as a PET, the petitioner is an Associate NCC Officer, (Third Officer), Junior, Army Wing of the JNV, Khumbong under the NCC Group Head Quarter, Imphal imparting NCC training to the NCC Cadets of the Vidyalaya. The NCC Group Head Quarter, Imphal has issued a communication dated 08.01.2016 in this regard.
In the beginning of the year 2016, on the Website of the Jawahar Navodaya Vidyalaya Samiti, the impugned Transfer Drive, 2016 was uploaded by stating that separate individual Transfer Orders would be issued later on and the name of the petitioner has been shown at Sl. No. 131 of the list of transferees, transferring her to JNV Champhai, Mizoram from JNV Khumbong. The petitioner submitted a representation dated 11.07.2016 to the Navodaya Vidyalaya Samiti authorities for reconsideration in as much, as the petitioner has a 6 year old female child and her husband is serving in the CBI Imphal Branch and there is no CBI Branch Office in Mizoram so that her husband could move the CBI authorities for transferring him to Mizoram, which grounds are well protected by the relevant Transfer policies of the Navodaya Vidyalaya Samiti. Thereafter, the petitioner approached the CAT Gauhati Bench by filing an application in O.A. No: 250/2016 challenging the Transfer Drive, 2016 (Sl. No. 131) on various grounds for violation of the Transfer policies issued by the authorities from time to time. However, by the impugned order dated 07.12.2018 the O.A. has been rejected and the interim stay order is also vacated. ;
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