(WPS No.6629/2025) 2026:CGHC:16213-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6629 of 2025 (Arising out of order dated 1-5-2025 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur in Original Application No.456/2024) Manish Kumar Manikpuri, aged about 49 years Old, S/o late Shri B.D. Manikpuri, R/o Jawahar Navoday Vidyalay, Mana Camp, Tehsil Dharsiwa, District Raipur, C.G. ... Petitioner versus 1. Union of India, Through the Secretary, Department of School Education and Literacy (Ministry of Human Resource Development), C Wing, Shastri Bhawan, Dr Rajendra Prasad Rd, Rajpath Area, Central Secretariat, New Delhi, Delhi 110001. 2. Commissioner, Navodaya Vidyalaya Samiti, B-15, Institutional Area, Block B, Industrial Area, Sector 62, Noida, Uttar Pradesh 201307. 3. Deputy Commissioner, Navodaya Vidyalaya Samiti, Bhopal Region: A-135 A, Gate No.2, Alkapuri, DRM Office Road, Habibganj, Bhopal (Madhya Pradesh) PIN – 462024. 4. Assistant Commissioner (Admn.), Navodaya Vidyalaya Samiti, Bhopal Region: A-135 A, Gate No.2, Alkapuri, DRM Office Road, Habibganj, Bhopal (Madhya Pradesh) PIN 462024. 5. Principal, Jawahar Navodaya Vidyalaya, Mana Camp, Tahsil Dharsiwa, District Raipur, Chhattisgarh-492015. ... Respondents For Petitioner : Mr. Nikhil Parakh, Advocate. For Respondents : None present. Division Bench: - Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Sachin Singh Rajput, JJ. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.04.09 14:20:15 +0530 (WPS No.6629/2025) Order On Board (08/04/2026) Sanjay K. Agrawal, J. 1. This writ petition is directed against the order dated 1-5-2025 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur in Original Application No.456/2024, by which the petitioner’s original application has been dismissed finding no merit. 2. The petitioner is TGT (Mathematics). He was subjected to transfer by order dated 12-3-2024 from JNV, Raipur to JNV, Gariaband which he questioned by filing original application before the CAT for setting aside the same and for also a direction to the respondents to follow uniform criteria and consider him for protection from transfer as per the policy. The CAT by its impugned order held that he is not entitled for protection of clause 4.9(b) of the Transfer Policy and he has participated in Round-II of the ATD-2024 and opted choice of posting at JNV, Gariaband (Actual Vacancy) which was approved under the category Central/State Spouse and proceeded to reject the claim against which he has filed this writ petition. 3. Mr. Nikhil Parakh, learned counsel appearing on behalf of the petitioner, would submit that the order impugned is perverse and the petitioner’s case has not been considered properly and by recording adverse finding, the original application has been rejected. 4. None present on behalf of the respondents, though served. 5. From perusal of record, it is quite vivid that the petitioner was diagnosed with serious heart ailment namely Acute Myocardial (WPS No.6629/2025) Infraction and he was suggested for Coronary Artery Bypass Graft (CABG) treatment, but opted for non-invasive and less risky treatment namely, Natural Bypass Surgery and Bio-Chemical Angioplasty treatment and on the ground of said ailment, he had applied for protection from the transfer as per clause 4.9(b) of the Transfer Policy. The learned CAT has recorded a finding that the petitioner has failed to produce any document showing that he had undergone through any of the surgical procedures referred to in para ‘D’ of the proforma like Angioplasty/Coronary Artery Bypass Grafting/Valve replacement or reconstruction/open heart surgery and according to the own showing of the petitioner, he has opted for non-invasive and less risky treatment of natural bypass surgery and bio-chemical angioplasty treatment since 2021. As such, since the petitioner has not undergone through any of the surgical procedures like Angioplasty/Coronary Artery Bypass Grafting/Valve replacement or reconstruction/open heart surgery, he is not entitled for protection under clause 4.9(b) of the Transfer Policy. Furthermore, it is also not disputed that the petitioner had participated in Round-II of the ATD-2024 and opted choice posting at JNV, Gariaband (Actual Vacancy) which was approved under the category Central/State Spouse, and the final transfer list was released on 9-3-2024 transferring him from JNV, Raipur to JNV, Gariaband on his own request made in Phase-II of the ATD-2024 under Spouse Category. As such, for the aforesaid two reasons, the CAT is absolutely justified in rejecting the original application of the (WPS No.6629/2025) petitioner herein. We do not find any merit in this writ petition, it deserves to be and is accordingly dismissed. However, this will not bar the petitioner from making representation to the Central Government as he is a heart patient and he has been advised for Coronary Artery Bypass Graft (CABG) and the said representation will be considered and decided expeditiously by the competent authority, in accordance with law. 6. No order as to cost(s). Sd/- Sd/- (Sanjay K. Agrawal) (Sachin Singh Rajput) Judge Judge Soma