Ram Naresh Ray v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1324 of 2020 ====================================================== Ram Naresh Ray, Son of late Ram Chandra Prasad Rai, Resident of VillageBishanpur Govind, P.O. Mahti Dharamchand, Police Station- Tisiauta, District- Vaishali, Worked as Ex- Senior Secretariat Assistant (SSA), Kendriya Vidyalaya Garhara- Station Code 444 K.V. Code 1814 Mod. 9939724612 ... ... Petitioner/s

Versus

1.

The Union of India through the Principal Secretary, Human Resources Department(Kendriya Vidyalayan Sangathan).

2.

The Commissioner, Kendriya Vidyalaya Sangathan (Head Quarter ), 18, Institutional Area Shahid Jeet Singh Marg, New Delhi- 16 3.

The Principal, Kendriya Vidyalaya Garhara Station Code 444 K.V. Code 1814 Barauni (Post Garhara), District- Begusarai, Bihar 851126 4.

The Assistant Commissioner(Establishment II), Kendriya Vidhalaya Sangatha,18, Institutional Area, Shahid Jeet Singh Marg, New Delhi- 16 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shree Nandan Pd. Singh, Adv.

Ms. Prakritita Sharma, Adv.

For the UOI :

Mr. S.D. Sanjay (Adsg) For KVS : Mr. G.K. Agrawal, Adv. Mr. Kumar Ravish, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2020 The petitioner, an employee of Kendriya Vidyalaya Sangathan, has sought quashing of an order dated 26.07.2019, passed by the Assistant Commissioner (Establishment-II) 18, New Delhi whereby he has been transferred from Garhara to Sonepur.

The Kendriya Vidyalaya Sangathan is admittedly notified under Section 14 of the Administrative Tribunal Act, 1985 and accordingly the petitioner has a remedy of

Patna High Court CWJC No.1324 of 2020(2) dt.21-01-2020 2/2 approaching the Central Administrative Tribunal. This writ application cannot be maintained in the light of Supreme Court's decision in case of L. Chandra Kumar vs. Union of India and others reported in (1997) 3 SCC 261 and is accordingly dismissed.

The petitioner shall be at liberty to approach the Tribunal by making application in accordance with law. (Chakradhari Sharan Singh, J) Rajesh/- U