The Delhi High Court has set aside an order by the Central Administrative Tribunal that had quashed an order by the Kendriya Vidyalaya Sanghathan which had transferred a primary teacher to another Kendriya Vidyalaya when she joined duty after a long leave.
The teacher, Neelu Bhatia, before being transferred was teaching at Kendriya Vidyalaya-I in the Delhi Cantonment area. She had gone on medical leave. When she joined duty, the Assistant Commissioner of the Sanghathan concerned asked her to join Kendriya Vidyalaya-II in the same area.
When Ms. Bhatia was on leave, another teacher was posted in her place at Kendriya Vidyalaya-I.
While setting aside the Tribunal order, a Division Bench of the Court comprising Justice Pradeep Nandrajog and Justice M.C. Garg also pulled it up for quashing the transfer order against the established principles of the law on transfer. The Tribunal had passed the order on a petition by Ms. Bhatia alleging that she was wrongly transferred by treating her as surplus to help somebody. Her another grievance was that she would have to travel a few kilometres more to reach her new posting.
Before the Tribunal, the Sanghthan had taken the plea that another teacher was posted in place of Ms. Bhatia because teaching was being affected as she had taken excessive leave.
Justifying the transfer of Ms. Bhatia, the Bench said that the Sanghthan had transferred her on the ground of exigencies of service.
