Patna High Court - Orders
The Navodaya Vidyalaya Samiti (Nvs) vs Sunil Kumar Singh on 20 June, 2022
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1260 of 2022
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1. The Navodaya Vidyalaya Samiti (NVS) through the Commissioner, Navo-
daya Vidyalaya Samiti, Department of School Education and Literacy, Min-
istry of Education, Government of India, B- 15, Institutional Area, Sector -
62, Noida, District - Gautam Budh Nagar - 201309 (UP).
2. The Deputy Commissioner, Navodaya Vidyalaya Samiti, Department of
School Education and Literacy, Ministry of Education, Government of India,
regional Office, Karpuri Thakur Sadan, Kendriya Karyalay Parisar, Block -
A and B, 5th Floor, Ashiyana Digha Road, Patna - 800025 (Bihar).
3. The Principal, Jawahar Navodaya Vidyalaya, District - Darbhanga - 847337
(Bihar).
... ... Petitioner/s
Versus
Sunil Kumar Singh Son of Sri Ganga Dayal Singh, Post Graduate Teacher
(History), Jawahar Navodaya Vidyalaya, Brindawan, West Champaran, Bet-
tiah - 845450, Resident of Habsapur Post - Sarsi, P.S.- Paliganj, District -
Patna - 801110 (Bihar).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. K.N. Singh, Sr. Advocate
Mr. Siddhartha Prasad, Advocate
For the Respondent/s : Mr. M.P. Dixit, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
2 20-06-2022Heard learned counsel for the parties.
Crux of the matter in the present petition is whether contesting respondent could be treated as protected deemed insofar as transferring after his tenure was completed or not? In this regard learned senior counsel Dr. K.N. Singh appearing for the petitioners submitted that employees of Nagar Panchayat whose spouse is working in the Navodaya Vidyalaya Samiti is Patna High Court CWJC No.1260 of 2022(2) dt.20-06-2022 2/2 not entitled to seek declaration that he or she would be protected deemed vacancy under the communication dated 20th February, 2020 (Annexure - 5).
Perusal of Paragraph No. 4 (iii) (c), there is no distinction overall the employees of the States so as to oust the employees of Nagar Panchayat for the purpose of declaring whether the contesting respondent is protected deemed or deemed vacancy. In this regard the petitioners were permitted to produce any material to show that is there any distinction in respect of State employees and Nagar Panchayat employees issued by the Navo- daya Vidyalaya Samiti as on the date of the impugned order be- fore the Central Administration Tribunal. If such material is ex- isting, the same shall be placed on record by the next date of hearing.
Re-list this case on 18.07.2022.
(P. B. Bajanthri, J) ( Rajiv Roy, J) GAURAV S./-
U