IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 27365 of 2005(S) -------------------------- OA.426/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ 1. THE COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN, NO.18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI-110 006 REPRESENTED BY ASSISTANT COMMISSIONER, CHENNAI REGION, KENDRIYA VIDYALAYA SANGATHAN, IIT CAMPUS, CHENNAI-36. 2. THE EDUCATION OFFICER, KENDRIYA VIDYALAYA SANGATHAN, NO.18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI-110 006 REPRESENTED BY ASSISTANT COMMISSIONER, CHENNAI REGION, KENDRIYA VIDYALAYA SANGATHAN, IIT CAMPUS, CHENNAI-36. 3. THE CHAIRMAN, THE BOARD OF GOVERNORS, KENDRIYA VIDYALAYA SANGATHAN, NO.18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI-110 006 REPRESENTED BY ASSISTANT COMMISSIONER, CHENNAI REGION, KENDRIYA VIDYALAYA SANGATHAN,IIT CAMPUS, CHENNAI-36. 4. THE PRINCIPAL, KENDRIYA VIDYALAYA, KADAVANTHARA, ERNAKULAM, REPRESENTED BY ASSISTANT COMMISSIONER, CHENNAI REGION, KENDRIYA VIDYALAYA SANGATHAN, IIT CAMPUS, CHENNAI-36. BY ADV. SRI.V.V.ASOKAN RESPONDENTS: ------------- 1. AGIMON.A.CHELLAMOOTT, POST GRADUATE TEACHER (MATHEMATICS), KENDRIYA VIDYALAYA, KADAVANTHARA, ERNAKULAM, RESIDING AT CHELLAMOOTT, AMALAGIRI P.O., KOTTAYAM-36. 2. ELIYAMMA IDICULA, POST GRADUATE TEACHER (MATHS), 2 KENDRIYA VIDYALAYA, JAMUNA COLLIERY, SHAHDOL DISTRICT, CHATTISGARH. BY ADV. SRI.T.C.GOVINDA SWAMY SMT.D.HEERA SRI.R.SREERAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO. F NO. 15-18/2003-KVS (L& C) DATED 10.11.2003 EXT.P2 TRUE COPY OF THE ORDER NO. F-8-1 (D)/PGT (MATH)/2005/KVS (ESTT.II) ISSUED BY SECOND PETITIONER DATED 30.5.2005 EXT.P3 TRUE COPY OF THE MEMORANDUM O.A. NO. 426 OF 2005 FILED BY THE FIRST RESPONDENT B EFORE THE CAT, ;ERNAKULAM DATED 8.6.2005 EXT.P4 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONERS IN (RESPONDENTS 1 TO 4 IN oa) OA NO. 426 OF 2004 BEFORE CAT DATED 30.6.2005 EXT.P5 TRUE COPY OF THE REJOINDER FILED BY THE FIRST RESPONDENT IN (PETITIONER IN OA) O.A.NO. 426 OF 2005 BEFORE CAT. DATED 3.7.2005 EXT.P6 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT (FIFTH RESPONDENT IN OA _ O.A.NO.426 OF 2005 BEFORE CAT DATED 17.6.2005 EXT.P6(a) TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE 2ND RESPONDENT IN (5TH RESPONDENT IN OA) O.A.NO. 426 OF 2005 BEFORE CAT DATED 4.7.2005 EXT.P7 TRUE COPY OF THE ORDER IN O.A.NO. 426 OF 2005 OF CAT, ERNAKULAM DATED 29.7.2005. RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE ARGUMENT NOTES DATED 15.7.2005 FILED BY THE FIRST RESPONDENT. EXT.R1(b) TRUE COPY OF THE ORDERIN F.NO. AC AD CIR/2005-KV (CHEN) DATED 21.9.2005 ISSUED BY THE ASST. COMMISSIONER, KENDRIYA VIDYALAYA SANGHATHAN, CHENNAI. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- W.P.C. No. 27365 OF 2005 -------------------------------------------- Dated this the 28th day of March, 2008 JUDGMENT C.N. Ramachandran Nair,J. This W.P.C. is filed against the order of the Central Administrative Tribunal authorising retention of respondents 1 and 2 in the Kendriya Vidyalaya School at Kadavanthara. It is reported that both the respondents are working in the same School against regular vacancies. We are of the view that the Tribunal rightly suggested framing of norms for transfer which is stated to be done. In the circumstances, WPC is closed leaving freedom to the management to make transfers strictly in accordance with norms. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 2