CENTRAL ADMINISTRATIVE TRIBUNAL BENCH

Original Application No. 040/00399/2018

Date of Order: This, the 14th day of December 2018

THE HON’BLE SMT. MANJULA DAS, JUDICIAL MEMBER THE HON’BLE MR. N. NEIHSIAL, ADMINISTRATIVE MEMBER

Sri Sanjay Kumar Bora Son of Uttam Singh Bora Aged about 45 years Working as Junior Secretariat Assistant Kendriya Vidyalaya Oil Duliajan, Presently residing at Qrt No. 36 K V Teacher’s Colony, K.V. Oil Duliajan Campus P.O. – Duliajan, Dist – Assam, Pin – 786602. …Applicant

By Advocate: Mr. S.N. Tamuli & Ms. A. Begum

-Versus-

1. The Commissioner Kendriya Vidyalaya Sangathan 18-Institutional Area, Saheed Jeet Marg New Delhi – 110016.

2. The Deputy Commissioner Kendriya Vidyalaya Sangathan Regional Office, Situated at K.V. Oil, Duliajan Campus P.O. – Duliajan, District – Dibrugarh Assam, Pin – 786602.

3. The Deputy Commissiner Kendriya Vidyalaya Sangathan Regional Office Guwahati Jawahar Nagar, Khanapara P.O. – Khanapara, Dist – Kamrup (M) Assam, Pin – 781022. 2

4. The Principal, Kendriya Vidyalaya, Duliajan Oil Campus, P.O. – Duliajan District – Dibrugarh, Assam, Pin – 786602.

5. The Principal, Kendriya Vidyalaya, Khonsa Khonsa, District – Tirap , Pin – 786630. …Respondents

By Advocate: Mr. R. Hazarika, Addl. CGSC

O R D E R (ORAL)

MANJULA DAS, JUDICIAL MEMBER:

Heard Mr. D.N. Sarma, learned counsel for the applicant and Mr. M.K. Majumdar, learned KVS standing counsel for the respondents.

2. The issue relates to the conditional/revocation transfer from Duliajan to Imphal which is challenged before this

Tribunal by the applicant for quashing of the posting order dated 15.11.2018. On last occasion, this Tribunal vide order dated 03.12.2018 made a query to the respondent department as to why the applicant has been transferred on a condition attached to the revocation and whether there is any post available nearby to Duliajan or not. On query made by this

Tribunal, learned KVS standing counsel representing the

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respondents vide their reply dated 14.12.2018 enclosed a letter

No. 42343/2018-19/KVS-RO/TSK dated 13.12.2018 addressed to

Sr. KVS Counsel by Deputy Commissioner, I/C, KVS, Regional

Office, Tinsukia (Assam), Campust Kendriya Vidyalaya Oil

Duliajan Sl. No. 2 says as hereunder:-

“(2) There are three Kendriya Vidyalayas namely KV Chabua, KV Dinjan and KV Mohanbari nearby Duliajan and falling under where post of JSA is vacant as on date.”

3. Learned counsel for the applicant admitted that he has no objection if the applicant will be accommodated in any of those three vacancies as stated above.

4. As the matter has been settled out of the court, in view of the above, by accepting the statement made in para

2 of the letter dated 13.12.2018 as well as submission made by the learned counsel for the applicant and without going into the merit of the case, we hereby direct the respondent authority to accommodate the applicant in any three Kendriya

Vidyalayas namely KV Chabua, KV Dinjan and KV Mohanbari nearby Duliajan in the post of Junior Secretariat Assistant at early but not later than three months from the date of receipt copy of this order.

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5. O.A. stands disposed of accordingly. No order as to

costs.

(N. NEIHSIAL) (MANJULA DAS) MEMBER (A) MEMBER (J)

PB