NEETA ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant in this case, who is a Teacher with the Kendriya Vidyalaya Sangathan (K.V.S., in short) was working at Baroda and had made a request in terms of the policy of request transfers, of the KVS, for a transfer to the places of her choice. THE places of choice were indicated by her in the application, a copy of which is annexed at page 25 (Annexure R-1). THE choices are given in terms of Station Codes, which were explained to us in Open Court, admittedly as follows:

(2.) The respondents in this case have filed a reply, setting out the facts of the case, mentioning the preference of stations of request transfers of the applicant, and also stating facts in respect of another teacher by name Miss. Sunita Dhaka, who had sought transfer from Kendriya Vidyalaya Karanja to one of the Kendriya Vidyalayas, located in Colaba. It is stated that the Kendriya Vidyalayas allow intra-station transfers also, as it was in the case of Miss Sunita Dhaka. The system of intra/inter-region transfers was sought to be explained in the written statements.

(3.) WE have seen all papers in the case and have heard the learned Counsel on both sides over two days i.e. yesterday and today, providing opportunity to the learned Counsel for the applicant, yesterday, to consult her clients as she was not available, yesterday. The learned Counsel for the applicant had taken over the facts of the case and staled matin the first place, it was in dispute as to how the applicant was lower in priority in terms of the marks. She went over the statement at Para 25, as especially the statement on pages 39 and 40, showing the marks. In fact, the mark statement was gone over by us at considerable length with the assistance of the learned Counsel on both sides. Another point made by the learned Counsel for applicant was that in view of the so-called error the applicant has been put to grave stress and difficulty. She made the point that Karanja posting was a hard station posting, as was evident from Annexures, and that it was not logical for the applicant to have asked for a hard station. The learned Counsel stated that the personal problems of the applicant that would be entailed by her posting at Karanja would be very great, disturbed and that she had come to Mumbai only because a non-hard station posting was available.