Dismissed

Ranjana Tiwari v. The Union Of India and Ors.

Patna HC2 Nov 2017CWJC/12970/2017

Case brief

AI extract

What is this about?

This oral order consolidated four writ petitions challenging the non-interference with a transfer order by the Central Administrative Tribunal. The court dismissed the applications, holding the tribunal erred not to interfere and that the transfer was for administrative discipline. The order also noted any stigma in the transfer document is invalid.

What did the court decide?

The writ applications of the petitioners are dismissed.

Ranjana Tiwari Vs The Union Of India and Ors. — Pension and Retirement Benefits | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12823 of 2017

¶2

======================================================

¶3

Bimlendu Kumar son of Shri Nagendra Prasad Roy, resident of MohallaKalambagh Main Road, Opposite Chief Irrigation Office, Naya Tola, DistrictMuzaffarpur.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The Union of India through the Secretary, Ministry of Human Resource Development, New Delhi.

¶7

The Commissioner (Headquarters), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi- 110016.

¶8

The Joint Commissioner (Administration), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi- 110016.

¶9

The Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Patna.

¶10

The Assistant Commissioner (Establishment), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi- 110016.

¶11

... ... Respondent/s

¶12

======================================================

¶13

with

¶14

Civil Writ Jurisdiction Case No. 12947 of 2017

¶15

======================================================

¶16

Pankaj Kumar, Son of Late Satyanarayan Roy, Resident of MohallaDamuchak Magistrate Colony, P.O.- Head Post Office, P.S.- Kazi Mohammadpur, District- Muzaffarpur.

¶17

... ... Petitioner/s

¶18

Versus

¶19

The Union of India through the Secretary, Ministry of Human Resource Development, New Delhi.

¶20

The Commissioner (Headquarters), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Merg, New Delhi- 110016.

¶21

The Joint Commissioner (Administration), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Merg, New Delhi- 110016.

¶22

The Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Patna.

¶23

The Assistant Commissioner (Establishment), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Merg, New Delhi- 110016.

¶24

... ... Respondent/s

¶25

======================================================

¶26

with

¶27

Civil Writ Jurisdiction Case No. 13058 of 2017

¶28

======================================================

¶29

Awadhesh Prasad Sharma, Son of Late Ram Shreshtha Sharma, Resident of Quarters No. 3/9, KVS Staff Quarters, Gannipur, Aghoria Bazar, DistrictMuzaffarpur.

¶30

... ... Petitioner/s

¶31

Patna High Court CWJC No.12823 of 2017(2) dt.02-11-2017 2/4

¶32

Versus

¶33

The Union of India through the Secretary, Ministry of Human Resource Development, New Delhi.

¶34

The Commissioner (Headquarters), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi- 110016.

¶35

The Joint Commissioner (Administration), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi- 110016.

¶36

The Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Patna.

¶37

The Assistant Commissioner (Establishment), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi- 110016.

¶38

... ... Respondent/s

¶39

======================================================

¶40

with

¶41

Civil Writ Jurisdiction Case No. 12970 of 2017

¶42

======================================================

¶43

Ranjana Tiwari, Wife of Dr. Sanjay Tiwari, Resident of Mohalla- Quarter No. 3/1, KVS Teachers' Colony, Gannipur, Aghoria Bazar, DistrictMuzaffarpur.

¶44

... ... Petitioner/s

¶45

Versus

¶46

The Union of India through the Secretary, Ministry of Human Resource Development, New Delhi.

¶47

The Commissioner (Headquarters), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi- 110016.

¶48

The Joint Commissioner (Administration), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi- 110016.

¶49

The Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Patna.

¶50

The Assistant Commissioner (Establishment), Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi- 110016. null null

¶51

... ... Respondent/s

¶52

======================================================

¶53

Appearance :

¶54

(In Civil Writ Jurisdict	ion Case	No. 12823 of 2017)
For the Petitioner/s	:	Mr. Abhinav Srivastava Mr. Raushan
For the Respondent/s	:	Mr. S.D Sanjay (ADDL. SOC. GEN.)
For the KVS	:	Mr. G. K. Agrawal Mr. Kumar Ravish
(In Civil Writ Jurisdict	ion Case	No. 12947 of 2017)
For the Petitioner/s	:	Mr. Abhinav Srivastava Mr. Raushan
For the Respondent/s	:	Mr. S.D Sanjay (ADDL. SOC. GEN.)
For the KVS	:	Mr. G. K. Agrawal Mr. Kumar Ravish
(In Civil Writ Jurisdict	ion Case	No. 13058 of 2017)

¶55

Patna High Court CWJC No.12823 of 2017(2) dt.02-11-2017 3/4

¶56

For the Petitioner/s	:	Mr. Abhinav Srivastava Mr. Raushan
For the Respondent/s	:	Mr. S.D Sanjay (ADDL. SOC. GEN.)
For the KVS	:	Mr. G. K. Agrawal Mr. Kumar Ravish
(In Civil Writ Jurisdict	ion Case	No. 12970 of 2017)
For the Petitioner/s	:	Mr. Abhinav Srivastava Mr. Raushan
For the Respondent/s	:	Mr. S.D Sanjay (ADDL. SOC. GEN.)
For the KVS	:	Mr. G. K. Agrawal Mr. Kumar Ravish

¶57

======================================================

¶58

CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

¶59

(Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI)

¶60

2 02-11-2017

¶61

Heard learned counsel for the parties.

¶62

Since the order of transfer has already been implemented

¶63

and the petitioners have joined their respective place of posting more than a year ago, the Court will unnecessarily not waste judicial time by trying to interfere with the order of rejection, passed by the Central Administrative Tribunal, Patna Bench, Patna. The Tribunal has not committed any error in refusing to interfere with the order of transfer, which was necessitated due to certain incidents, which has happened in the school. The order of transfer was passed in larger administrative interest and for better maintenance of discipline in the school. If a large shake up had been effected since more than 15 teachers were moved, then no exception is required to be made with regard to these four teachers, who anyway have now complied with the

¶64

Patna High Court CWJC No.12823 of 2017(2) dt.02-11-2017 4/4

¶65

order of transfer.

¶66

All these writ applications stands dismissed.

¶67

Before parting, however, the Court would like to observe that anything stated in the order of transfer which has any kind of stigma cast upon these petitioners are of no value and the same cannot be used against the petitioners. The order of transfer will be treated as an order simplicitor for an administrative reason. The Court has also noticed that few of these petitioners have been in the same school since the year 2003 and 2005 and one from the year 2011. Obviously, they have overstayed their welcome.

¶68

(Ajay Kumar Tripathi, J)

¶69

( Rajeev Ranjan Prasad, J)

¶70

skm/-

¶71

Ranjana Tiwari v. The Union Of India and Ors.

Case brief

What is this about?

What did the court decide?

Ranjana Tiwari v. The Union Of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ganesh Prasad Yadav Vs The State Of Bihar and Ors.

Hareshwar Singh Vs The State Of Bihar and Ors.

The State Of Bihar and Ors. Vs Kundan Kumar

Arvind Kumar Vs The Union Of India and Ors.

Ramayan Rai and Ors. Vs The State Of Bihar and Ors.

The State Of Bihar and Ors. Vs Vishwanath Singh