Central Administrative Tribunal Upholds Single Mother’s Claim for Transfer Exemption”

07 May 2024 2:49 AM

By: Admin

In a significant ruling, the Central Administrative Tribunal (CAT) delivered a landmark judgment, upholding the claim of a single mother seeking exemption from transfer. The case, OA No.1445/2023, was presided over by Hon’ble Dr. Chhabilendra Roul, Member (A), and the decision was pronounced on 7^th July 2023.

The applicant, Kavita Dua, an esteemed TGT (Math) working at Kendriya Vidyalaya Sangathan (KVS), was transferred from KV Rajokri, AFS, New Delhi to KV Koni, Kerala, by an order dated 13.09.2022. Subsequently, her representation for the cancellation of the transfer was turned down in an order dated 23.03.2023.

In an unprecedented move, the Tribunal, while examining the case, took cognizance of the applicant’s plea that she is a single mother facing various personal difficulties. The Tribunal observed that the order dated 23.03.2023 lacked reasoning, failing to address the applicant’s grievance properly. Furthermore, it was brought to light that other employees belonging to specific categories, under the KVS Transfer Policy Guidelines 2021, were granted exemption from transfer, raising concerns of discrimination.

Counsel for the applicant, Advocate Karanjot Singh Mainee, argued that the applicant’s status as a single mother was not given due consideration, violating the principle of equality under Article 14 of the Constitution of India. On the other hand, respondents, represented by Advocate Mr. S. Rajappa, contended that the transfer was based on the rationalization/redistribution policy, denying any bias or malafide intentions.

The CAT, taking note of precedents, clarified that while personal hardships are valid for consideration, they are not grounds for the courts or tribunals to decide transfer matters. Instead, the administrative authorities are tasked with making the final decisions, taking into account genuine hardships to ensure good and efficient administration.

In a significant development, the Tribunal ordered the respondents to provide a fresh opportunity for the applicant to be heard. The applicant was directed to provide documentary evidence substantiating her single mother status, as well as the frequency of her family court appearances. The respondents were mandated to consider her representation within 15 days of submission.

The ruling sets a precedent for single mothers in the Kendriya Vidyalaya Sangathan and other similar institutions, recognizing their unique challenges and seeking to address them in a just and equitable manner.

“The present applicant deserves to be considered for exemption from transfer treating her de facto a single mother based on the principle of equality as enumerated under Article 14 of the Constitution of India.”

This verdict emphasizes the importance of considering personal difficulties and ensuring fair treatment for employees with distinct circumstances. The decision showcases the judiciary’s commitment to uphold constitutional rights and promote fairness in administrative decisions.

Date of Decision: 07July 2023

Kavita Dua vs The Commissioner