SANJAY DHAKED vs KVS

Item No.56 (Court-4)
O.A. No.1664/
/2025
Central Administrativ
ve Tribunal
New Delhi
Principal Bench, N



O.A. No. 1664/
/2025
th
This the 30 day of O
ctober, 2026
Hon

’ble Mr. Manish Garg, Membe
er (J)
Sh. S
Khari
Rajas
anjay Dhaked, Late Sh. Prahlad Dhak
i Nala Damp Road, Hidaun City, Dist
sthan-322230.
ked, R/o
t-Karauli,

(By A


Advocate: Mr. Saurabh Kumar)
...Applicant
Versus

1. K
Kendriya Vidyalaya Sangathan, T
Commissioner, Kendriya
Sangathan, (Under Ministry of
Government of India), 18, Instituti
Shaheed Jeet Singh Marg, Ne
Through its
C
S
G
S
1
Vidyalaya
Education,
ional Area,
ew Delhi-
10016.
2. T
The Assistant Commissioner
Kendriya Vidyalaya Sangathan
Ministry of Education, Government
(Estt.2/3),
n, (Under
t of India),
Jeet Singh
K
M
1
M

8, Institutional Area, Shaheed J
Marg, New Delhi-110016.
3. T
The Principal, Kendriya Vidalaya N
Cantt. UP-282001.
No.2 Agra
C


...Respondents.

wrishankar, Ms. G Dhivyasri)
(By A

Advocate: Mr. S Rajappa, Mr. R Gow







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Item No.56 (Court-4)
O.A. No.1664/
/2025
ORDER (ORAL
L)

Hon’ble Mr. Manish Ga
arg, Member (J):-

In
n the present Original Applicatio
on, filed under Section 19
of the
Administrative Tribunals Act,
1985, the applicant has
prayed f
for the following reliefs:
“A
1
be
(W
(K
“A. Quash and set aside the imp
ugned transfer order dated
listed at Serial No. 121, has
6.04.2025, whereby the Applicant, l
een transferred as surplus staff to
West Bengal), in violation of the Ke
KVS) Transfer Guidelines, 2023;
Kendriya Vidyalaya, Sukna
endriya Vidyalaya Sangathan
B
2
re
B. Quash and set aside the impu
ugned relieving order dated
1.04.2025, issued by Respondent No.
eport at KV Sukna, West Bengal;
. 3, directing the Applicant to
C
fo
pr
ke
V
R
C. Direct the Respondents to re-consi
ider the case of the Applicant
ccordance with the applicable
or intra-regional redeployment, in ac
rovisions of the KVS Transfer Gu
eeping in view the availability of
Vidyalayas within the same region, i
Rampur;
uidelines, 2023, particularly
f vacant posts at Kendriya
including KV Jhansi and KV
D
di
of
2,
D. Direct the Respondents to correc
ctly compute the Applicant's
accordance with Paragraph 4
isplacement and transfer counts in a
f the KVS Transfer Guidelines, 2023,
, Agra Cantt as continuous since 03.0
treating his tenure at KV No.
08.2015.
E
K
re
pe
E. Direct the Respondents to place
Kendriya Vidyalaya within his preferre
the Applicant in a suitable
ed choices or within the same
ount his length of service and
egion as per policy, taking into acco
erformance record;
P
de
Pass such other and further orders a
as this Hon'ble Tribunal may
eem fit and proper.”
2. Le
earned counsel for the applic
cant fairly submits that the
applican
nt has already joined at KV Suk
kna, West Bengal, pursuant to
the impu
ugned transfer order dated 16.0
04.2025 and the consequential
relieving
g order dated 21.04.2025. It is su
ubmitted that, prior to joining,
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Item No.56 (Court-4)
O.A. No.1664/
/2025
the app
plicant had submitted a repre
esentation dated 18.04.2025,
seeking
redressal of his grievances
and reconsideration of his
transfer.
. However, the said representatio
on has not been considered by
the resp
ondents. Learned counsel furthe
er submits that, in view of the
stand ta
aken by the respondents in their
r counter affidavit, no useful
purpose
would be served by reman
nding the matter for fresh
consider
ration at this stage. It is, ther
refore, urged that the reliefs
sought i
in the O.A. may be considered o
n their own merits in the light
of the av
verments made in the counter aff
fidavit.
3. O
On the other hand, learned counse
el for the respondents opposes
the gran
nt of relief and relies upon the av
verments made in the counter
affidavit
t. He submits that the process
of identifying and notifying
vacancie
es for the purpose of accom
mmodating surplus staff was
conduct
ed centrally by KVS in acco
ordance with the established
norms a
and provisions of the KVS T
ransfer Policy. The vacancy
position
n was duly published prior to th
he issuance of surplus transfer
orders, b
based on administrative require
ements and the availability of
posts ac
cross KVs. He further submits
that as per Article 44 of the
KVS Ed
ducation Code, for the academ
mic session 2025-26, the staff
position
n of KV No. 2 Agra Cantt. was r
reviewed and the post of TGT
(Hindi)
held by the Applicant was offi
icially declared as surplus on
31-03-2
025. It is submitted that if a
post is declared surplus, the
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Item No.56 (Court-4)
O.A. No.1664/
/2025
incumbe
ent employee becomes excess to
o the requirement and is to be
redeploy
yed against available vacancies w
which may include transfer to
another
station. The identification of
surplus staff was conducted
based on
n the Displacement Counts, as p
per the Transfer Policy, and in
strict ad
dherence to the transfer guidelin
nes. That in accordance with
Para 2-1
1-A(b) (i) of the KVS Transfer
r Policy, employees declared
surplus
are to be first considered for re
edeployment within the same
region.
The Applicant was accordingl
ly invited to submit his five
preferen
nces for possible redeploymen
nt. It is submitted that the
Applica
nt in his application dated 24-0
03-2025 had opted for Inter-
Regiona
al redeployment by selecting "Y
YES" in response to the query
"Does t
the employee want to the rede
eployed out of Region" and
submitte
ed his five choices being A
Alwar, Jaipur, Kota, Sawai
Madhop
pur and Bharatpur, which are n
not within the Agra Region.
Subsequ
uently, based on the option for
Inter-Regional redeployment,
the case
e was processed by KVS under
Para 2-1-A(b)(ii) through the
online t
transfer portal developed and m
managed by NIC. All surplus
employe
ees were invited to submit fresh
preferences and the Applicant
herein s
submitted the following choices
through the online portal: 1.
Jaipur 2
2. Mathura 3. Alwar 4. Delhi an
nd 5. Jhansi.That based on the
vacancy
y available the Applicant was is
ssued transfer order dated 16-
04-2025
5 and was transferred to KV
Sukna. It is submitted that
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Item No.56 (Court-4)
O.A. No.1664/
/2025
redeploy
yment of the Applicant was
s carried out centrally and
transpar
rently through the NIC managed
d online system strictly in line
with the
e provisions of the KVS Transf
fer Policy, based on vacancy,
availabi
lity and transfer merit.”
4. I
have considered the submissio
ons and perused the material
availabl
e on record. It is well settled
that transfer is ordinarily an
incidenc
ce of service and that the choice
e of posting is not a matter of
right. Fu
urther, where an employee is de
eclared surplus on account of
administ
trative requirements, his redeplo
oyment is primarily within the
domain
of the competent administrative
e authority, subject, of course,
to the ap
pplicable policy and guidelines.
5. In
n the present case, the responde
nts have sought to justify the
applican
nt's transfer on the ground that h
his post was declared surplus
and that
t his case was processed in ac
ccordance with the applicable
provisio
ons of the KVS Transfer Pol
icy. At the same time, the
applican
nt has raised certain grievances r
regarding the manner in which
his case
e was considered for redeploym
ment and has also submitted a
represen
ntation dated 18.04.2025 seek
king reconsideration of the
transfer.
. It is not disputed that the said
d representation has not been
disposed
d of by the competent authority.
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Item No.56 (Court-4)
O.A. No.1664/
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6. I
am conscious of the principle
e laid down by the Hon'ble
Supreme
e Court in Mohinder Sing
gh Gill v. Chief Election
Commis
ssioner , that the validity of a
an administrative order must
ordinari
ly be judged on the reasons
stated therein and that such
reasons
cannot subsequently be supplem
mented or improved upon by
way of
pleadings in a counter affidavi
it. However, in the facts and
circumst
tances of the present case, I find
d that no specific decision has
been co
ommunicated by the compet
tent authority rejecting the
applican
nt's representation on its merits.
In these circumstances, I am
of the
considered view that the ap
pplicant's grievances would
appropri
iately merit consideration by th
he competent authority in the
first inst
tance.
7. A
Accordingly, without expressing
any opinion on the merits of
the appl
licant's claims or the validity of
the impugned transfer orders,
I deem
it appropriate to dispose of the
present O.A. with a direction
to the a
applicant to submit a fresh, com
mprehensive representation to
the com
mpetent authority within a period
d of ten days from the date of
receipt o
of a copy of this order. Upon r
receipt of such representation,
the resp
ondents shall consider and decid
de the same independently, by
passing
a reasoned and speaking order,
, after affording the applicant
an oppo
ortunity of personal hearing, w
within a period of thirty days
from the
e date of receipt of the represent
tation. It is made clear that the
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Item No.56 (Court-4)
O.A. No.1664/
/2025
compete
ent authority shall consider th
he applicant's grievances in
accordan
nce with the applicable KVS
S Transfer Policy and other
relevant
t provisions, without being infl
fluenced by any observations
made he
ereinabove.
8. Th
he O.A. stands disposed of in
the aforesaid terms. Pending
M.A.s, i
if any, shall also stand disposed
of accordingly. There shall be
no order
r as to costs.





(Manish Garg)



/sb/
Member (J)
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