$~35

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 245/2023, CM APPL. 936/2023, CM APPL. 937/2023 &
CM APPL. 938/2023
DR. RITU TYAGI ..... Petitioner
Through: Mr. Mohit Mathur, Sr. Advocate with
Mr. Aditya Singh Puar, Mr.
Madhukar Tomar, Mr. Ali Nawaz and
Ms. Shalni Puar, Advocates.
versus
KENDRIYA VIDYALAYA SANGATHAN
AND ORS. ..... Respondents
Through: Mr. S. Rajappa and Mr. R.
Gowrishankar, Advocates for
respondents.
Mr. Ajay Jain, Senior Panel Counsel
and Mr. Chetnya Puri, G.P. with Ms.
Shivali Sharma and Mr. Keshav
Ahuja for R-4.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 10.01.2023
1. The challenge in this petition is to an order dated December 24, 2022
passed by the Central Administrative Tribunal (CAT) in O.A. no. 3573/2022
filed by the petitioner herein, challenging her transfer from Meerut to Adra,
West Bengal.
2. The petitioner had challenged the said order in the O.A. No.
2646/2022, which was disposed of by the Tribunal by directing the
respondents to consider her representation in the light of the policy
prevailing on September 12, 2022.

Signature Not Verified

Digitally Signed By:ASHEESH
KUMAR YADAV
Signing Date:16.01.2023
15:12:10
 3. We have been informed that pursuant to the directions of the Tribunal,
the representation of the petitioner was considered and rejected by the
Competent Authority and pursuant thereto the petitioner had again
approached the Tribunal by way of a fresh O.A. being O.A. No. 3573/2022,
wherein the Single Member of the learned Tribunal, by observing that the
issue need to be considered by a Division Bench, had placed the matter
before the Division Bench.
4. We have been informed that on January 05, 2023, the above Original
Application was listed before the Division Bench, which has adjourned the
matter to January 23, 2023 by granting a weeks‟ time to the respondents
herein to file reply to the O.A.
5. If that be so, as a limited prayer is made by Mr. Mathur that no
coercive action should be taken against the petitioner for not joining the
place of posting at Adra, West Bengal, till the decision in the O.A., as the
matter is listed before the Tribunal on January 23, 2023, appropriate shall be
to direct the respondents that till the O.A. is decided by the Tribunal, no
coercive action shall be taken against the petitioner for not joining the place
of posting at Adra, West Bengal.
6. We also take on record the submission of Mr. Mathur that the
petitioner shall not take an adjournment on the date of hearing before the
Tribunal i.e. January 23, 2023.
7. The Writ Petition is disposed of.

V. KAMESWAR RAO, J

TUSHAR RAO GEDELA, J

JANUARY 10, 2023/akc

Signature Not Verified

Digitally Signed By:ASHEESH
KUMAR YADAV
Signing Date:16.01.2023
15:12:10