Sarna Bansiwal v. Kendriya Vidyalaya Sangathan & ORS.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1065/2024 SARNA BANSIWAL ..... Petitioner Through:

versus KENDRIYA VIDYALAYA SANGATHAN & ORS.

..... Respondents Through:

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 23.02.2024

1. The matter has been placed before this Bench upon an office noting as it was found that the order dated 22.02.2024 wrongly records that the petitioner's present place of posting was Kendriya Vidyalaya, Pitampura, Delhi, and that she was, vide order dated 28.11.2023, transferred to Kendriya Vidyalaya, Karwar, Karnataka. The record, however, shows that vide order dated 28.11.2023, the petitioner was transferred from Kendriya Vidyalaya, Pitampura, Delhi to Kendriya Vidyalaya, Chenani.

2. In the light of the aforesaid, paragraph nos.2 & 7 of the order dated 22.02.2024 are corrected and will now read as under:- "2.

Learned counsel for the petitioner submits that vide order 28.11.2023, assailed before the Tribunal, the petitioner has been transferred from Kendriya Vidyalaya, Pitampura, Delhi to Kendriya Vidyalaya, Chenani. He submits that it is the own case of the respondents that the transfer policy pursuant whereto the aforesaid transfer order was issued is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2024 at 15:24:37

being recalled and a fresh transfer policy has been framed and placed before the Hon'ble Apex Court in SLP (C ) No. 24825 / 2023 titled Kendriya Vidayalaya and Ors v. Union of India. He, therefore, contends that since the fresh transfer policy is yet to be approved by the Hon'ble Apex Court, the petitioner be permitted to continue to work at her present place of posting in Delhi, till a fresh transfer order is issued in accordance with the new transfer policy, which is pending consideration before the Hon'ble Apex Court.

* * * * * * 7.

The writ petition is, accordingly, allowed by directing the respondents to permit the petitioner to re-join the present place of posting i.e., Kendriya Vidayalaya, Pitampura, Delhi"

3. Needless to state, this order will be read in conjunction with the order dated 22.02.2024.

4. The office note, accordingly, stands disposed of. REKHA PALLI, J RAJNISH BHATNAGAR, J FEBRUARY 23, 2024 kk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/02/2024 at 15:24:37