ANIL KUMAR, J. - (1.) The petitioner, Commissioner Navodaya Vidyalaya Samiti has challenged the order dated 3rd August, 2009 passed in O.A No.2225/2007 titled Krishan Kumar v. Commissioner Navodaya Vidyalaya Samiti allowing the petition of the respondent and directing the petitioner to promote the respondent as PGT (Geography) and quashing order dated 7th August, 2007 whereby seniority was declined to the respondent.
(2.) The respondent has been working as TGT (Social Science) in Jawahar Navodaya Vidyalaya, Mungeshpur, Delhi and was aggrieved by the discriminatory treatment to him in not counting his seniority on inter regional transfer whereas considering the seniority of Mohd.Abutaleb who had also availed inter regional transfer. The grievance of the respondent, before the Tribunal, was that Mohd.Abutaleb was posted at the hard and difficult station and a request transfer was permitted and he was transferred to Patna region. However, on transfer to Patna region he was not placed at the bottom of the seniority of the Patna region and his seniority for promotion at Shillong, which was a hard and difficult station was considered. In case of respondent he was posted at Leh which is also a hard and difficult station and on his transfer, he has been placed at the bottom of the seniority list of the transferred region and his seniority at Leh has not been considered for promotion.
(3.) The petitioner had contended before the Tribunal that the case of Mohd.Abutaleb was different as the transfer of Mohd.Abutaleb was not according to his choice. The Tribunal has noted the plea of the petitioner in the counter affidavit which did not carve any such distinction that if an employee is transferred pursuant to his request then he will lose his seniority and Mohd.Abutaleb was not transferred pursuant to a request made by him. The Tribunal also rejected the plea of the petitioner that the transfer policy carves out any distinction of foregoing of seniority only in case of the specific place of posting as per the choice of the employees.;