Central Administrative Tribunal - Jaipur
Mukesh Kumar vs Kendriya Vidyalaya Sanghthan on 2 May, 2023
1
OA No. 639/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
Original Application No. 639/2019
Order reserved on: 26.04.2023
Date of order: 02.05.2023
CORAM:
HON'BLE MR. DINESH SHARMA, MEMBER (A)
HON'BLE MRS. HINA P. SHAH, MEMBER (J)
Mukesh Kumar S/O Shri Prahlad Singh aged about 54 years,
R/o Type -IV/III, Kendriya Vidyalaya Sangathan Regional
Office Campus, 92 Gandhi Nagar Marg, Bajaj Nagar, Jaipur-
302015 (Raj.). Presently working as Assistant Commissioner
in the KVS (RO) Jaipur. "Group - A" M- 82009922845
...Applicant
(By Advocate: Shri Amit Mathur)
Versus
1. Commissioner
Kendriya Vidyalaya Sangathan (HQ), 18-Institutional
Area, Saheed Jeet Singh Marg, New Delhi-110016.
2. Joint Commissioner (Finance)
Kendriya Vidyalaya Sangathan (HQ), 18-Institutional
Area, Saheed Jeet Singh Marg, New Delhi-110016.
3. Principal Secretary
School Education Department, Plot No. 1B, Shiksha
Sadan, Sector - 5, Panchkula-134109 (Haryana).
4. Special Secretary, Govt. of Haryana
School Education Department, Plot No. 1B, Shiksha
Sadan, Sector - 5, Panchkula-134109 (Haryana).
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OA No. 639/2019
5. Director General
School Education Department, Plot No. 1B, Shiksha
Sadan, Sector - 5, Panchkula-134109 (Haryana).
6. Director
School Education, Plot No. 1B, Shiksha Sadan, Sector -
5, Panchkula-134109 (Haryana).
7. Superintendent (HRG-II)
Office of Director, School Education Department, Plot
No. 1B, Shiksha Sadan, Sector - 5, Panchkula-134109
(Haryana).
...Respondents
(By Advocate: Shri Hawa Singh for respondents No. 1 & 2,
None for respondents No. 3 to 7)
ORDER
Per Mrs. Hina P. Shah The Original Application No. 188/2014 has been filed by the Applicants under Section 19 of the Administrative Tribunals Act, 1985 for the following reliefs:
(i) The respondents may be directed to release Pro-rata terminal / pensionary benefits of the applicant to Kendriya Vidyalaya Sangathan (HQ), New Delhi for the purpose of counting of past services rendered under the control of Govt. of Haryana for the period from 11-11-1991 to 27-11-2012.
(ii) The respondents may be directed to count past services rendered by the applicant under the control of Govt of Haryana for 3 OA No. 639/2019 the period from 11-11-1991 to 27-11- 2012.
(iii) Any other order/directions of relief may be granted in favour of the applicant which may be deemed just and proper under the facts and circumstances of this case.
2.a) The facts as stated by the Applicant is that he was initially selected as Science Master vide order dated 31.10.1991 at Govt. Secondary School, Gokalpur, Gurugram (Haryana) and joined on 11.11.1991. He then served on the post of Lecturer Mathematics from 02.05.2000 to 30.01.2008 and as a Head Master from 30.01.2008 to 27.11.2012. Prior to joining the services of KVS on 30.11.2012, he was working as Head Master in the Directorate of School Education, Govt. Of Haryana which comes under the Department of School Education, Govt. of Haryana, Panchkula. Applicant states that he has rendered his services under the Department of Govt. of Haryana since 11.11.1991 to 27.11.2012 holding the posts of Science Master, Lecturer Mathematics and that of Head Master.
2.b) In response to advertisement, he applied for the post of Principal in Kendriya Vidyalaya Sangathan (KVS) in 2012 and in response to same, NOC was granted by Respondent No. 6 vide letter dated 07.08.2012 (Annexure-A/6). He was selected for the said post vide Memorandum dated 4 OA No. 639/2019 01.10.2012 with posting to Kendriya Vidyalaya, Godda (Jharkhand). He was then relieved vide order dated 27.11.2012 and joined at Kendriya Vidyalaya, Godda on 30.11.2012. He was then posted as Assistant Commissioner and posted at KVS, Regional Office, Jaipur. As per order No. F-161 - 1/84-85/KVS/Budget dated 29.07.1986 whereby a copy of DOP&T OM No. 28(10)/84-P&PW-Vol.II dated 07.02.1986 was issued with regard to counting of past services for the purpose of pension of employees of Central Govt. & Central Autonomous Bodies under State Govt. & vice- versa, he is entitled for the said benefits.
2.c) Applicant further states that on the basis of the said order, he submitted his application to Respondents on 03.07.2013 and 23.11.2015 for release of pro-rata terminal/pensionary benefits for counting of past services rendered in Govt. of Haryana (Annexure-A/10 & Annexure- A/11) respectively. Though a letter to the same was sent to the Chief Secretary, Govt. of Haryana, Chandigarh dated 20.07.1989, Respondent Nos. 3 to 7 have not taken any steps to release the said benefits to KVS till date of filing of this Original Application for the services rendered by the Applicant in Govt. of Haryana from 11.11.1991 to 27.11.2012. Though in this regard several letters were issued, but till date no action is taken by Govt. of Haryana. 5 OA No. 639/2019 Thus, being aggrieved by the action of the Respondents, Applicant has approached this Tribunal for redressal of his grievances.
3.a) Respondent Nos. 1 & 2 have filed its reply stating that the KVS is ready to count the past services rendered by the Applicant before joining the KVS after receipt of pro-rata pensionary benefits as per provisions and Government of India instructions. Respondents state that the previous employer of the Applicant is not responding as well as have not filed any reply till date. Pertaining to facts, they do not dispute the same since they are matter of records. He joined as Principal in KVS on 30.11.2012 and prior to that he rendered his services in Education Department, Govt. of Haryana from 11.11.1991 to 27.11.2012. He was a GPF optee in his previous Department. As per instructions issued by Government of India, Department of Personnel & AR vide OM No. 28/10/84-Pension Unit dated 29.08.1984, the past services rendered by employees in other Central Govt./ State Govt./Autonomous Organizations can be counted provided certain conditions are fulfilled. In absence of required information and pro-rata liabilities from his previous employer i.e. Education Department, Govt. of Haryana, KVS is unable to examine his case for counting his past services for pensionary benefits. Thus, there is no element of any 6 OA No. 639/2019 illegality, arbitrariness or unreasonableness in the action of the Respondents and their action as such is just and legal, thus, the present Original Application deserves to be dismissed.
3.b) Though Respondent Nos. 3 to 7 are served and aware about the present Original Application as we find that a representative from the State of Haryana was present on one occasion, no reply was filed by them.
4. Applicant has not filed any rejoinder.
5. Heard the parties and perused the material available on record.
6. The Applicant as well as the Respondents reiterated their submissions as made earlier.
7. The question which requires to be considered in the present matter is with regard to counting of past services of the Applicant rendered from 11.11.1991 to 27.11.2012 in Education Department, Govt. of Haryana for pro-rata pension and pensionary benefits.
7OA No. 639/2019
8. The crux of the case is that Applicant prior to joining in KVS as Principal was working on several posts in the Education Department, Govt. of Haryana. He worked as a Science Master from 11.11.1991 at Govt. Middle School, Gokalpur (Gurugram), under Govt. of Haryana. Thereafter, promoted to the post of Lecturer Mathematics and posted at Govt. Senior Secondary School Nahar (Rewari), under Govt. of Haryana from 02.05.2000 and thereafter selected on the post of Head Master and posted at Govt. High School, Baldhankalan (Rewari), Govt. of Haryana since 30.01.2008.
9. The Applicant was then relieved from the post of Head Master, Govt. High School, Suthani (Rewari), under Govt. of Haryana on selection to the post of Principal in KVS vide letter dated 27.11.2012. Thereafter, Applicant joined as Principal at Kendriya Vidyalaya, Godda in Jharkhand on 30.11.2012. He then requested Principal Secretary, Govt. of Haryana., Department of Education, Chandigarh for release of pro-rata terminal benefits for counting of past services rendered under Govt. of Haryana for the period from 11.11.1991 to 27.11.2012 vide letter dated 03.07.2013 (Annexure-A/1), but the grievance of the Applicant was not redressed.
10. Thereafter, again vide letter dated 23.11.2015, Applicant requested District Education Officer, Rewari 8 OA No. 639/2019 (Haryana) and Director, Directorate of School Education, Panchkula (Haryana) for release of his pro-rata terminal benefits, but again same was not responded by them. Thereafter, we find that Assistant Commissioner (Estt.I) KVS (HQ), New Delhi requested Deputy Director (HRG-II) Director Secondary Education, Panchkula (Haryana) vide letter dated 14.05.2018 providing necessary details for counting of his past services at Govt. of Haryana, same was again not responded. We also find that Asst. Commissioner (Estt.I) KVS (HQ), New Delhi again requested Deputy Director (HRG-II) Director Secondary Education, Panchkula (Haryana) vide letter dated 16.07.2019 for the said details, but till date they have not responded.
11. At the time of hearing of the said matter, counsel for Respondent No. 1 & 2 produced Memo No. 18/2-2012 HRG-II (4) dated 05.02.2020 addressed by The Director General, Secondary Education, Haryana, Panchkula to The District Education Officer, Rewari on the issue of grant of pro-rata retirement benefits in respect of the Applicant, Principal, KVS Karoli, Rajasthan the then Head Master Govt. High School Suthani, Rewari. From the said letter, it is clear that Respondents Nos. 3 to 7 are aware about the present Original Application filed before this Tribunal wherein Applicant is claiming his pro-rata retirement benefits/terminal 9 OA No. 639/2019 gratuity/proportional service gratuity, etc. Also, it is clear from the said letter that KVS has asked certain information with regard to the issue in question. It was also made clear from the said communication that the issue with regard to the grant of benefits such as ratio of pension, gratuity i.e. terminal benefits pertaining to period from 11.01.1991 to 27.11.2012 for his services rendered in the Govt. of Haryana is to be taken by State Govt. i.e Finance Department, Haryana. It was also informed that the Applicant was given an amount of Rs. 5,75,113/- pertaining to his GPF vide bill No. 368 dated 13.01.2015.
12. We find that KVS Order F-161 - 1/84-85/KVS/Budget dated 29.07.1986 was issued on the basis of a copy of DoP&T OM No. 28(10)/84-P&PW-Vol.II dated 07.02.1986 was issued with regard to counting of past services for the purpose of pension of employees of Central Govt. & Central Autonomous Bodies under State Govt. issued on the issue of Counting of service for the purpose of pension of employees of Central Govt. and Central Autonomous Bodies seeking absorption in Autonomous bodies under the State Governments and Vice Versa, wherein it was held that where a Central Government employee borne on pension establishment is allowed to be absorbed in a Central Autonomous Body having a pension scheme of its own, the service rendered by an employee 10 OA No. 639/2019 under the Government shall be allowed to be counted towards pension under the Autonomous Body irrespective of whether the employee was temporary or permanent in Govt. subject to certain conditions. Thus, it was clear that the past services rendered by employees in other Central Govt./State Govt./Autonomous Organizations can be counted provided certain conditions are fulfilled and we find that the Applicant is fulfilling these conditions.
13. We find that till date the Govt. of Haryana has neither published any proforma for submitting the option for counting of past services of an employee for the purpose of pension nor invited any option in this regard to the Applicant. Even though the Applicant has furnished all details/ documents and relevant information regarding release of pro-rata terminal/pensionary benefits for counting of his past services for the purpose of pension along with his applications dated 03.07.2013 as well as 23.11.2015 and submitted the same to the concerned Respondents, no positive steps have been taken by the Finance Department, Govt. of Haryana, where the file of the Applicant is pending as per the said communication.
13. Thus, in view of the observations made above, the Respondent Nos. 3 to 7 are directed to release Pro-rata 11 OA No. 639/2019 terminal / pensionary benefits of the Applicant to KVS (HQ), New Delhi for the purpose of counting of past services rendered by the Applicant under the control of Government of Haryana for the period from 11.11.1991 to 27.11.2012 immediately within a period of six weeks from the date of receipt of the certified copy of the order. Accordingly, Original Application is allowed. No costs.
(Hina P. Shah) (Dinesh Sharma) Member (J) Member (A) /ysm/