THE HON’BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.20038 OF 2006 O R D E R (Per the Hon’ble Smt. Justice T.Meena Kumari) Heard both the counsel. 2. Aggrieved by the order dated 5.5.2006 passed by the Central Administrative Tribunal, Hyderabad Bench at Hyderabad in O.A.No.346/2004, the respondents before the Tribunal i.e., the officials of Jawahar Navodaya Vidalaya Samithi, filed the present writ petition. 3. From the material on record, it could be seen that the 1st respondent herein is the applicant before the Tribunal. He is working as Music Teacher at Jawahar Navodaya Vidyalaya (for short ‘JNV’), Maddirala, Guntur. Alleging that, on 24.1.2004 when the applicant was passing through the corridor of Class VII he overhead a loud voice coming from the said class and he entered into the class room and asked the monitor of the class VII B viz., Master Koteswara Rao Naik about the loud voice and as the boy expressed ignorance, unable to control himself, he started beating Koteswara Rao Naik by pulling hair of the child and as a result of severe and ruthless beating, the child feel down on the floor and was lifted by other students of his class and that when the co-teachers and the Principal intervened, he abused them; a preliminary enquiry was conducted on 30.1.2004 against the applicant and report was submitted and based on the same, departmental proceedings were decided to be initiated. Pending Departmental proceedings, in order to give an opportunity for the applicant to work under a different principal in any other JNV and as no vacancy in any of the JNVs. in A.P., Karnataka and Kerala which are under the jurisdiction of Hyderabad Region were available, the applicant was transferred to JNV Rangath, Middle Andaman on Administrative grounds. 4. Challenging the order of transfer, the applicant filed O.A. and the Tribunal considering the instructions produced by the writ petitions with regard to posting to North Eastern Region dated 31.10.2002 which mandates that an employee in JNV has to work for a period of three years in such a place and that posting in North Eastern Region is a general policy as per F.No.2-6/2006- NVS (Estt.) dated 20.3.2006 and not as a penal action and further as the applicant is completing three yeas tenure at Andaman after nine months as on the date of disposal of O.A., and as the applicant worked without any complaint and as no date was fixed to conduct enquiry, directed the writ petitioners herein to consider the case of the applicant for posting at Maddirala in the existing vacancy or to the place nearest to the said place and if possible by way of replacement and pass appropriate order before the applicant completes his tenure in Andaman, so that he can join there immediately after he completes his tenure of three years at Andaman. Aggrieved by the same, the present writ petition is filed. 5. The learned counsel for the writ petitioners reiterated the above averments made in the counter affidavit before the Tribunal and further submitted that the counseling for transfer is going to be conducted in the month of April, 2008. 6. On the other hand the learned counsel for the respondent supporting the impugned order sought for dismissal of the writ petition and further submitted that as the respondent completed three years at Andaman, his case may be considered in the counseling to be conducted in the month of April, 2008 as per the direction of the Tribunal. 7. From the above material it could be seen that as on today, the respondent had completed three years of service at Andaman and hence taking into consideration this fact and also taking into consideration the statement of the counsel for the writ petitioners that counseling is going to be held in the month of April 2008, and without expressing any opinion as to the merits of the case, as the Departmental Enquiry is pending for the alleged act of the respondent no.1 at NVS Maddirala, we feel it appropriate to direct the writ petitioners to consider the case of the respondent no.1 in the said counseling in any other place, except at Maddirala, Guntur District. Accordingly, we dispose of the writ petition by modifying the orders of the Tribunal, with the following direction: “The writ petitioners shall consider the case of the 1st respondent in the counseling to be held in the month of April, 2008 for posting in any other place, except at Maddirala, Guntur District.” 8. There shall be no order as to costs. ------------------------------------- T.MEENA KUMARI,J ---------------------------------------- G.CHANDRAIAH,J AVS DATE:12.03.2008