Central Administrative Tribunal - Delhi
Govind Pandit vs Ministry Of Education on 17 April, 2025
1
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 2196/2022
M.A. No. 1156/2023
With
O.A. No. 2367/2022
M.A. No. 1155/2023
O.A. No. 2375/2022
M.A. No. 1154/2023
O.A. No. 2170/2022
M.A. No. 1174/2023
Diary No. 2355/2023
M.A. No. 1853/2024
O.A. No. 2171/2022
O.A. No. 2172/2022
O.A. No. 2173/2022
M.A. No. 1433/2023
M.A. No. 1854/2024
O.A. No. 2174/2022
O.A. No. 2175/2022
M.A. No. 1861/2024
O.A. No. 2176/2022
M.A. No. 1437/2023
M.A. No. 1852/2024
O.A. No. 2195/2022
M.A. No. 1862/2024
O.A. No. 2197/2022
O.A. No. 2198/2022
M.A. No. 1855/2024
M.A. No. 603/2023
2
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
O.A. No. 2203/2022
M.A. No. 1858/2024
M.A. No. 594/2023
O.A. No. 3340/2022
O.A. No. 2357/2022
M.A. No. 1434/2023
M.A. No. 1859/2024
O.A. No. 2378/2022
M.A. No. 1860/2024
Reserved on: 01.04.2025
Pronounced on: 17.04.2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S. Khati, Member (A)
1. O.A.NO. 2196/2022
GOVIND PANDIT AGED ABOUT 33 YEARS, S/0 SH. MUNI
LAL P AND IT ADHAAR CARD NO. 2549 4633 6555
VILLAGE- SAKROGARH, SAHIBGANJ, POST AND DIST.
SAHIBGANJP.S. JIRWABARI (O.P), ~-816109 MOB. NO-
9279266658
EMPLOYED AT: JAWAHAR NAVODAYA VIDYALAYA,
SAHIBGANJ, JHARKHAND-816109.
...Applicant
Vs.
1.UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI,(AN AUTONOMOUS
ORGANIZATION UNDER MINISTRY OF EDUCATION)
3
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYA VIDYALAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER, KARPURI THAKUR SAD AN,
KENDRIYA KARY ALA Y P ARISAR, BLOCK-A & B, 5TH
FLOOR ASHIY ANA DIGHA ROAD, PATNA-800025 0612-
2565085,2565010 EMAIL: DCPTR[DOT]NVS[
AT]GOV[DOT]IN
4. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA,
SAHIBGANJ, JHARKHAND-8161 09. PHONE NO. 06436-
291041 EMAIL:[email protected]
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS SECRETARY
NORTH BLOCK, NEW DELHI - 110001 PHONE NO. 011-
23092338 EMAIL ID: DIRADMII][AT]NIC[DOT]IN
...Respondents
2. O.A. NO.2367/2022
BATTI LAL GURJAR, AGED ABOUT: 40 YEARS S/0 SHRI
HARSHA! GURJAR RIO VILLAGE GURJARW ADA, POST
SHAIKHPURA, TEHSHIL SIKRAI, DISTRICT DAUSA,
RAJASTHAN . 303501 EMAIL: [email protected]
Employed at: . JAWAHAR NAVODAYA VIDYALAYA,
KALANDRI-307802, DISTT. SIROHI RAJASTHAN ,
...applicant
4
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYA VIDYAYLAYASAMITI THROUGH ITS
DEPUTY COMMISSIONER, JAIPUR REGION
(RAJASTHAN, HARY ANA AND DELHI STATES) SECTOR-
5, SHIPRAPATH, BEHIND METRO MAX HOSPITAL, NEAR
P ARISHKAR COLLAGE MANSAROVER, JAIPUR- 302020
(RAJASTHAN) 91-141-2375110,2948826, 27, 85.
DCJR[DOT]NVS [ AT]GOV[DOTJIN
4. THE PRINCIPAL, JAW AHAR NAVODAYA
VIDYAYLAYA, KALANDRI-307802, DISTT. SIROHI.
RAJASTHAN. Phone Number: +91-02972-264356 E-mail:
[email protected]
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS SECRETARY
NORTH BLOCK, NEW DELHI - 110001 PHONE NO. 011-
23092338 Email id: diradmii][at]nic[dot]in
5
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
...respondents
3. O.A. NO.2375/2022
SABIR NIZAM, AGED ABOUT 28 YEARS S/O MD.ASLAM,
ADHAARCARDNo. R /o VILLAGE KHORTHA, POST
BELAHIAN, P.S.; BELSAND, DISTT. SHEOHAR, WARD NO.
07, BIHAR-843316 . Employed at: JAWAHAR NAVODAYA
VIDYALAYA, BALESARA, VIA-MIRGANJ, GOPALGANJ-
841438, BIHAR
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYA VIDYAYLAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER, PATNA REGION (BIHAR,
JHARKHAND, WEST BENGAL STATES)
KARPURITHAKUR SADAN, KENDRIYA KARYALAY
PARISAR, BLOCK-A & B, 5TH FLOOR ASHIYANA DIGHA
ROAD, PATNA-800025. 0612-2565085,2565010
dcptr[dot]nvs[at]gov[dot]in .
6
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
4. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYAYLAYA,
VILLAGE BALESARA, VIA-MIRGANJ, GOPALGANJ, BIHAR-
841438. +91-9304238660 , jnvgopalganj.2011 @gmail.com
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND
PENSION (DEPARTMENT OF PERSONNEL AND TRAINING)
GOVT. OF INDIA THROUGH ITS SECRETARY NORTH
BLOCK, NEW DELHI - 110001 PHONE NO. 011-23092338
Email id: diradmii][at]nic[dot]in
...respondents
4. O.A. NO. 2170/2022
RAJEEV KUMAR, AGED ABOUT 37 YEARS S/0_ SH. NA W
AL KISHOR MAHTO, ADHAAR CARD No. 7010 3339 4594
VILLAGE KHAKHARA, POST: LAD AURA P AKRI, P.S.
KHUDHANNI, MUZAFFARPUR BIHAR-843113 Employed at:
JAWAHAR NAVODAYA VIDYALAYA, KHARAUNADIH,
MUZAFF ARPUR-843113 BIHAR.
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
7
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYAVIDYAYLAYASAMITI THROUGH ITS
DEPUTY COMMISSIONER, PATNA REGION (BIHAR,
JHARKHAND, WEST BENGAL STATES) KARPURI
THAKUR SADAN, KENDRIYA KARYALAY PARISAR,
BLOCK-A & B, 5TH FLOOR ASHIY ANA DIGHA ROAD,
PATNA-800025. 0612-2565085,2565010 dcptr[
dot]nvs[at]gov[dot]in
4. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYAYLAYA,
KHARAUNADIH, MUZAFF ARPUR, BIHAR, POST-PATAHI,
PIN CODE 843113 +9123435302/9934440891
[email protected]
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS SECRETARY
NORTH BLOCK, NEW DELHI - 110001 PHONE NO. 011-
23092338 Email id: diradmii][at]nic[dot]in
...respondents.
5. O.A. NO.2171/2022
RIPU KUMAR AGED ABOUT 24 YEARS S/0 JAGMOHAN
PRASAD, ADHAAR CARD NO. 4017 4825 6091 VILLAGE;
KUMARBAGH, WARD NO. 12, POST KUMARBAGH
KURWA, MATHIA, WEST- CHAMP ARAN, BIHAR-845450.
Employed at: JAWAHARNAVODAYA VIDYALAYA, PUTO,
P.O. KARMA, DISTT. KODERMA, JHARKHAND-825409
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
8
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYA VIDYAYLAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER, PATNA REGION (STATES)
KARPURITHAKUR SADAN, KENDRIYA KARYALAY
PARISAR, BLOCK-A&B, 5TH FLOOR ASHIYANA DIGHA
ROAD, PATNA-800025 0162-2565085, 2565010 E mail:
dcptr[dot]nvs [at]gov[dot] in
4. THE PRINCIPAL, JAWAHAR NAVODAYA
VIDYAYLAYA, JAWAHAR NAVODAYA VIDYALAYA, PUTO,
P.O. KARMA, DISTT. KODERMA, JHARKHAND-805409
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS SECRETARY
NORTH BLOCK, NEW DELHI - 110001 PHONE NO. 011-
23092338 Email id: diradmii][at]nic[dot]in
...respondents
6. O.A. NO.2172/2022
9
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
JAGARANTH, AGED ABOUT: 32 YEARS S/0 LACHU
YADAV R/0 CHOTI CHACHARI, YADAV TOLA, RAJGIR,
NALANDA, BIHAR -803120 Employed at: JAWAHAR
NAVODAYA VID YALAYA, BALURGHAT, DAKSHIN
DINAJPUR PIN-733103
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION
& LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN,
NEW DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYA VIDYAYLAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER, PATNA REGION (STATES)
KARPURITHAKUR SADAN, KENDRIYA KARYALAY
PARISAR, BLOCK-A&B, 5TH FLOOR ASHIYANA DIGHA
ROAD, PATNA-800025 0162-2565085, 2565010 E mail:
dcptr[dot]nvs [at]gov[dot] in
4. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA,
BALURGHAT, DAKSHIN DINAJPUR (W.B.),PIN
733103, +91-1783238248,
[email protected]
10
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA, THROUGH ITS
SECRETARY, NORTH BLOCK, NEW DELHI -
110001, PHONE NO. 011-23092338, EMAIL
ID:diradmin{at}nic{dot}in.
7. O.A. NO.2173/2022
PRADEEP KUMAR, AGED ABOUT 32 YEARS S/0 VIKRAM
SINGH, ADHAAR CARD N0.9407 0074 7684 RIO VILLAGE-
SAROH, P.O.- CHAMIARI, TEHSIL-BANGANA, DISTT. UNA
(HIMANCHAL PRADESH). Employed at: JAW AHAR NA
VODA YA VIDY ALA YA, VILLAGE MASEETAN, PO. TIBBA,
TEH AND DISTT. KAPURTHALA, PUNJAB-144628.
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
11
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
3. NAVODAYA VIDYAYLAYASAMITI THROUGH ITS
DEPUTY COMMISSIONER, CHANDIGARH REGION
(CHANDIGARH, HIMACHAL PRADESH, JAMMU AND
KASHMIR, LADAKH AND PUNJAB STATES) BAY NO.
26-27 SECTOR- 31A CHANDIGARH 1600031 (U.T.).
91-172-2638838,2638027 91-172-2638729 deer[
dot]nvs[ at]gov[ dot]in
4. THE PRINCIPAL, JA WAHAR NAVODAYA VIDYA
YLAYA, VILLAGE MASEETAN, PO. TIBBA, THE AND
DISTT. KAPURTHALA, PUNJAB-144628. 01828-
252399 e-mail: jnvkapurthala[ at ]redi ffmail[ dot ]com
[email protected]
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS
SECRETARY NORTH BLOCK, NEW DELHI - 110001
PHONE NO. 011-23092338 Email id:
diradmii][at]nic[dot]in
...respondents
8. O.A. NO.2174/2022
SUJEET DHARMEJA, AGED ABOUT: 39 YEARS S/O SHRI
SHYAM SUNDER PRASAD , R/o J.N.V CAMPUS
KOLEBIRA, VILLAGE KOLEBIRA, P.S. KOLEBIRA,
DISTRICT SIMDEGA, KOLEBIRA, JHARKIÍAND-835211.
Employed at: JAWAHARNAVODAYA VIDYALAYA, BANG
ROAD KOLEBIRA, PO- KOLEBIRA, DISTT- SIMDEGA
(JHARKHAND), INDIA, PIN-835211
...applicant
Vs.
12
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYA VIDYAYLAYA SAMITI , THROUGH ITS
DEPUTY COMMISSIONER, PATNA REGION (BIHAR,
JHARKHAND, WEST BENGAL STATES) KARPURI
THAKUR SADAN, KENDRIYA KARYALAY PARISAR,
BLOCK-A & B, 5TH FLOOR ASHIYANA DIGHA ROAD,
PATNA-800025 0612-2565085, 2565010
dcptr[dot]nvs[at]gov[dot]in
4. THE PRINCIPAL, JAWAHAR NAVODAYA
VIDYAYLAYA, BANO ROAD KOLEBIRA, PO- KOLEBIRA,
DISTT- SIMDEGA (JHARKHAND), INDIA, PIN -835211
06527299931,8709375972 [email protected]
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS
SECRETARY NORTH BLOCK, NEW DELHI - 110001
PHONE NO. 011-23092338 Email id:
diradmii][at]nic[dot]in
13
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
...respondents
9. O.A. NO.2175/2022
AVTAR SINGH AGED ABOUT 43 YEARS, S/o SH. DAULAT
SINGH ADHAAR CARD No. 8908 3284 9386 VILLAGE-
KALIYANATALLA, P.O.: KUNIGAD BICHLI TEHSIL:
GAIRSAIN, DISTT: CHAMOLI, UTTARAKHAND - 246424
Employed at: JAWAHAR NAVODAYA VIDYALAYA,
PIPALKOTI, CHAMOLI, UTTARAKHAND-246472
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYA VIDYAYLAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER,
7/24 GOMTI NAGAR VISTAR SHAHEED PATH NEAR
POLICE HEAD QUARTER, LUCKNOW - 226010 (T) 91-
522-2838483,2738693,2738694 (F) 91-522-2738695
(E)DCLR[DOT]NVS[AT]GOV[DOT]IN
4. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA,
PIPALKOTI, CHAMOLI, UTTARAKHAND
14
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
PHONE: +917599361037 Email: [email protected]
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS SECRETARY
NORTH BLOCK, NEW DELHI - 110001 PHONE NO. 011-
23092338 Email id: diradmii][at]nic[dot]in
...respondents
10. O.A. NO.2176/2025
LAXMAN KUMAR SINGH, AGED ABOUT: 32 YEARS S/o
SHRI KEDAR SINGH ADHAARCARDNO: 4723 8460 1730 R
/o VILLAGE MEDARIPUR, POST SILARI,
DISTRICTROHTAS, BIHAR-821 111. Employed at;
JAWAHAR NAVODAYA VID YALAYA, CHOURASIA, P.O.
JAMURNA DISTT. KAIMUR, BIHAR, PIN-821110.
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
15
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
3. NAVODAYA VIDYAYLAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER, PATNA REGION (BIHAR,
JHARKHAND, WEST BENGAL STATES)
KARPURITHAKUR SADAN, KENDRIYA KARYALAY
PARISAR, BLOCK-A & B, 5TH FLOOR ASHIYANA DIGHA
ROAD, PATNA-800025 0612-2565085,2565010
DCPTR[DOT]NVS[AT]GOV[DOT]IN
4. THE PRINCIPAL, JAWAHAR NAVODAYA VID YAL AYA,
CHOURASIA, P.O. JAMURNA DISTT. KAIMUR, BIHAR,
PIN-821110
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS SECRETARY
NORTH BLOCK, NEW DELHI - 110001 PHONE NO. 011-
23092338 Email id: diradmii][at]nic[dot]in
...respondents.
11. O.A. NO.2195/2022
NATHU LAL SAINI, AGED ABOUT: 34 YEARS S/OBABULAL
SAINI ADHAAR CARD N0.8548 1933 4054 . WARD NO. 07,
NEAR POLICE THANA, PATAN TEHSIL, NEEM KA THANA,
PATAN, SIKAR, PATAN, RAJASTHAN-332718 ....
RESPONDENTS Employed at; JAWAHAR NAVODAYA
VIDYALAYA, VILLAGE KALOI, PO. SURAH DISTT. -
JHAJJAR, HARYANA-124104
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION
& LITERACY, (GOVT. OF INDIA) SHASTRIBHAWAN,
NEW DELHI-110001.
16
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
2. NAVODAYA VIDYAYLAYA SAMITI (AN AUTONOMOUS
ORGANIZATION UNDER MINISTRY OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY,
(GOVT. OF INDIA) THROUGH ITS COMMISSIONER,
HEAD OFFICE AT; B-15, INSTITUTIONAL AREA,
SECTOR- 62, NOIDA, DISTRICT GAUTAM BUDH
NAGAR, UTTAR PRADESH-201307 0120 - 2405968,
69, 70, 71, 72, 73 0120 - 2405922
3. NAVODAYA VIDYAYLAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER, JAIPUR REGION .
(RAJASTHAN, HARYANA AND DELHI STATES)
SECTOR-5, SHIPRA PATH, BEHIND METRO MAX
HOSPITAL, NEAR PARISHKAR COLLAGE
MANSAROVER, JAIPUR - 302020 (RAJASTHAN) 91-
141-2375110, 2948826, 27, 85.
dcjr[dot]nvs[at]gov[dot] in
4. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYAYLAYA,
VILLAGE KALOI, PO. SURAH, DISTT- JHAJJAR,
HARYANA-124104 +91-01251-215061 01251-215061
[email protected]
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS
SECRETARY NORTH BLOCK, NEW DELHI - 110001
PHONE NO. 011-23092338 Email id:
diradmii][at]nic[dot]in
...respondents.
12. O.A. NO.2197/2022
UDAY KUMAR SINGH, AGED ABOUT: 31 YEARS S/o SHRI
DALJEET SINGH ADHAAR CARD NO. R/o V. & P.
17
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
SHANKAR SARAIYA BABU TOLA, P.S. TURKAULIYA,
DISTT.: EAST CHAMPARAN- 845437, BIHAR. Employed at:
JAW AHAR NA VODA YA VIDY ALA YA, PIPRAKOTHI,
DISTT. EAST CHAMP ARAN BIHAR-845429
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYA VIDYAYLAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER, PATNA REGION (BIHAR,
JHARKHAND, WEST BENGAL STATES) KARPURI
THAKUR SAD AN, KENDRIYA KARY ALA Y P ARISAR,
BLOCK-A & B, 5TH FLOOR ASHIYANA DIGHA ROAD,
PATNA-800025 0612-2565085,2565010
dcptr[dot]nvs[at]gov[dot]in
4. THE PRINCIPAL, JAWAHAR NAVODAYA
VIDYAYLAYA, PIPRAKOTHI, DISTT. EAST CHAMP ARAN
BIHAR-845111. +91-9471005168
[email protected]
18
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS SECRETARY
NORTH BLOCK, NEW DELHI - 110001 PHONE NO. 011-
23092338 Email id: diradmii][at]nic[dot]in
...respondents
13. O.A. No. 2198/2022
RAM KUMAR KUSHWAHA AGED ABOUT 39 YEARS S/0
SUGREEV KUSITWAHA, VILLAGE YUVARAJPUR,
CHHAWANI VISEA, GHAZIPUR, UTTAR PRADESH-233001.
Employed at: JAWAHAR NAVODAYA VIDYALAYA, REWAR,
POST-DUMRAWAN, VIA-PAKIRABRAWAN, DISTT. NAWADA
(BIHAR) - 805124
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
19
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
3. NAVODAYA VIDYAYLAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER, PATNA REGION (BIHAR,
JHARKHAND, WEST BENGAL STATES)
KARPURITHAKUR SAD AN, KENDRIYA KARYALAY
PARISAR, BLOCK-A & B, 5TH FLOOR ASHIYANA DIGHA
ROAD, PATNA-800025. 0612-2565085,2565010
dcptr[dot]nvs[at]gov[dot]in
4. THE PRINCIPAL, JAWAHAR NAVODAYA
VIDYAYLAYA, REWAR, POST-DUMRAWAN, VIA-
PAKIRABRAWAN, DISTT. NAWADA (BIHAR) - 805124.
9798076996 [email protected]
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS SECRETARY
NORTH BLOCK, NEW DELHI - 110001 PHONE NO. 011-
23092338 Email id: diradmii][at]nic[dot]in
...respondents.
14. O.A. NO. 2203/2022
HARJI AGED ABOUT 39 YEARS, ADHAAR CARD No. 8184
4973 5437 S/o LALA RAM, V.P.O. RORANWALI, SRI
MUKTSAR SAHIB, RORANW ALI, PUNJAB-152113
Employed at: JAW AHAR NA VODA YA VIDY ALA YA,
BRING KHERA DISTT. SRI MUKTSAR SAHIB, PUNJAB-
151211
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
20
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYA VIDYALAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER, (REGIONAL OFFICE) BAYNO.
26-27 SECTOR- 31A CHANDIGARH 1600031 (U.T.) 91-
172-2638838, 2638027 (F) 91-172-2638729
DCCR[DOT]NVS[AT]GOV[DOT]IN
4. THE PRINCIPAL, JAW AHAR NA VODA YA VIDY ALA
YA, BRING KHERA DISTT. SRI MUKTSAR SAHIB,
PUNJAB-151211 Phone Number: +91-01637-271624 Fax
Number: 01637-271624 E-mail:
[email protected]
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS SECRETARY
NORTH BLOCK, NEW DELHI - 110001 PHONE NO. 011-
23092338 Email id: diradmii][at]nic[dot]in
...respondents
15. O.A. NO. 3340/2022
21
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
SURESH KUMAR, AGED ABOUT 40 YEARS
S/O PYARE LAL,
ADHAAR CARD NO. 4445 3782 0352
QUARTER NO. 07, TYPE 02, BLOCK -06,
JAWAHAR NAVODAYA VIDYALAYA,
KHARA KHERI, DISTT. FATEHABAD,
HARYANAN - 125048
Employed at :
JAWAHAR NAVODAYA VIDYALAYA,
KHARA KHERI, DISTT. FATEHABAD,
HARYANAN - 125048
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYA VIDYAYLAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER,
JAIPUR REGION (RAJASTHAN, HARYANA AND DELHI
STATES)
NAVODAYA VIDYALAYA SAMITI SECTOR -5, SHIPRA
PATH, BHEIND METRO MAX HOSPITAL, NEAR
22
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
PARISHKAR COLLAGE MANSAROVER, JAIPUR - 302020
(RAJASTHAN)
91-141-2375110, 2948826, 27, 85.
dcjr[dot]nvs[at]gov[dot]in
4. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA,
KHARA KHERI, DISTT. FATEHABAD, HARYANA -
125048
094164-00583
[email protected]
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS SECRETARY
NORTH BLOCK, NEW DELHI - 110001 PHONE NO. 011-
23092338 Email id: diradmii][at]nic[dot]in
...respondents.
16. Item No. 25 (OA No. 2357/2022)
LAUKESH KUMAR, AGED ABOUT: 29 YEARS S/O MAM
CHAND R/O 537, RAWANI KATIRI, RAV ANI KA TIRI BAN
GAR, BULANDSHAHR, BUGRASL, UTTAR PRADESH-
245403. Employed at: JAWAHARNAVODAYA VIDYALAYA,
VILLAGE BUKLANA, DISTRICT BULANDSHAHR, UTT AR
PRADESH, INDIA PIN - 203403
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
23
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAY VIDYAYLAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER, (REGIONAL OFFICE (UTTAR
PRADESH AND UTTRANCHAL) 7/24 GOMTI NAGAR
EXTENSION, NEAR POLICE HEAD QUARTERS
SHAHEED PATH, LUCKNOW-226010 M-0522-2838483
F-0172-2638729 [email protected]
4. THE PRINCIPAL, JAWAHAR NAVYODAYA
VIDYAYLAYA YA, VILLAGE BUKLANA, DISTRICT
BULANDSHAHR, UTT AR PRADESH, INDIA PIN - 203403
05736-278130,8650250650 05736-278130
[email protected]
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS
SECRETARY NORTH BLOCK, NEW DELHI - 110001
PHONE NO. 011-23092338 Email id:
diradmii][at]nic[dot]in
...respondents
17. Item No. 26 (OA No. 2378/2022)
VED PRAKASH SINGH, AGED ABOUT :39 YEARS
S/O SHRI PANNI LAL SINGH
R/O H.NO.8, JAISI NAGALA-KHAIR,
24
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
KHAIR, ALIGARH, UTTAR PRADESH - 202138
Employed at :
JAWAHAR NAVODAYA VIDYALAYA,
DEVRALA, (BHIWANI), HARYANA - 127036
...applicant
Vs.
1. UNION OF INDIA, THROUGH ITS SECRETARY,
MINISTRY OF EDUCATION, DEPTT. OF EDUCATION &
LITERACY, (GOVT. OF INDIA) SHASTRI BHAWAN, NEW
DELHI-110001.
2. NAVODAYA VIDYAYLAYA SAMITI
(AN AUTONOMOUS ORGANIZATION UNDER MINISTRY
OF EDUCATION)
DEPTT. OF SCHOOL EDUCATION & LITERACY, (GOVT.
OF INDIA)
THROUGH ITS COMMISSIONER, HEAD OFFICE AT: B-
15, INSTITUTIONAL AREA, SECTOR-62, NOIDA,
DISTRICT GAUTAM BUDH NAGAR, UTTAR PRADESH-
201309 PHONE NUMBER:0120 - 2405968, 69, 70, 71,
72, 73 FAX: 0120-2405922
3. NAVODAYA VIDYAYLAYA SAMITI THROUGH ITS
DEPUTY COMMISSIONER,
JAIPUR REGION (RAJASTHSN , HARYANA AND DELHI
STATES)
NAVODAYA VIDYALAYA SAMITI SECTOR -5, SHIPRA
PATH, BEHIND METRO MAX HOSPITAL, NEAR
PARISHKAR COLLAGE MANSAROVER, JAIPUR - 302020
(RAJASTHAN)
91-141-2375110,2948826,27,85
dcrj[dot]nvs[at]gov[dot]in
4. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA,
DEVRALA, (BHIWANI), HARYANA-127036
25
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
5. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSION (DEPARTMENT OF PERSONNEL AND
TRAINING) GOVT. OF INDIA THROUGH ITS SECRETARY
NORTH BLOCK, NEW DELHI - 110001 PHONE NO. 011-
23092338 Email id: diradmii][at]nic[dot]in
...respondents
(Counsel for applicants in all the O.A.s - Dr. Arun
Bhardwaj, Sr. Advocate assisted by Mr. Virendra Kumar)
(Counsel for respondents in all the O.A.s - Mr. S.
Rajappa with Mr. R. Gowrishankar and Mr. Gyanendra
Singh)
26
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch
ORDER
Hon'ble Mr. Manish Garg, Member (J) :
Since a common question of facts and law arises in the present batch of O.A.s, they are being disposed of through this common order. However, for the sake of brevity, the facts are being extracted from O.A. No. 2196/2022.
2. In O.A. No. 2196/2022 filed under Section - 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:-
"i) The records of the office and subsequent appeal/applications of the applicant made to Respondents may be called, and;
ii) Direct the Respondents to set aside and quash the impugned order i.e., List of Shortlisted Candidates for Skill/Trade Test as published online on 28.06.2022 for the post of ECP, and;
iii) Direct the Respondents to give proper weightage to experience and provide the benefit of the regularization of the services of the applicant for the Post of ECP to the applicant along with other appointees and grant all the consequential benefits, seniority, promotion thereof and financial benefits in respect of his pay and other benefits as per rules;
iv) Direct the Respondents to give equal pay for equal work to the applicant from the date of his working as ECP with the Jawahar Navodaya Vidyalaya without any 27 Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch unreasonable discrimination between the regulars and causal workers.
v) Direct the Respondents to give further grant the appropriate compensation to the applicant for causing uncalled for harassment -to the applicant;
vi) Pass any other order/relief direction(s) may deem fit and proper in the interest of justice in favour of the applicant."
3. Narrating the facts of the present case, learned senior counsel for the applicant submitted as under:
3.1. The applicant, an Electrician-cum-Plumber (ECP), is challenging the recruitment process conducted by Jawahar Navodaya Vidyalaya (JNV) for ECP posts. It is submitted that the applicant has been working as a casual/daily wager in JNV for several years and that the recruitment process was biased and designed to favor new candidates over existing ones like him.
3.2. Learned senior counsel for the applicant submitted that the Navodaya Vidyalaya Samiti (NVS), has undertaken a colorable exercise of recruitment to remove existing ECPs like the applicant without giving them fair assessment and weightage for their experience. Learned senior counsel argued that the selection process was arbitrary and not transparent, and that the respondents did not specify any 28 Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch criteria for passing the Computer-Based Test (CBT) or cut-
off marks for selection. The recruitment process included a CBT and a Trade/Skill Test. The CBT consisted of 120 questions, with four parts: Reasoning Ability, General Awareness, Language Competency, and Subject-specific knowledge. However, the learned senior counsel argued that the CBT was designed to favor fresh candidates, and no weightage was given to experience. The Trade/Skill Test was qualifying in nature only and carried no weightage. 3.3. Learned counsel further argued that the respondents' actions are contrary to the principles of natural justice and fair play. He claimed that the selection process was designed to eliminate existing ECPs like the applicant, and that the respondents have acted arbitrarily and without transparency. Accordingly, learned senior counsel submitted that the applicant seeks relief from this Tribunal requesting that his experience be taken into account and that he be granted appointment to the post of ECP. Additionally, the applicant seeks regularization of his services as a daily wager.
29Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch 3.4. Learned senior counsel placed reliance upon the case of Secretary, State of Karnataka and Ors. Vs. Uma Devi, CA No. 3595-3612/1999, wherein the Hon'ble Supreme Court directed the Union of India and State Governments to take steps to regularize the services of duly qualified persons, who have worked for ten years or more in sanctioned posts. Learned senior counsel argued that the applicant meets the criteria for regularization and that the respondents' failure to regularize his services is arbitrary and discriminatory.
3.5. Furthermore, placing reliance upon the decision rendered by the Hon'ble Supreme Court in State of Punjab Vs. Jagjit Singh (2017) 1 SCC 148, learned senior counsel for the applicant argued that the principle of "equal pay for equal work" shall be followed in the present case and the applicant should be paid minimum wages of a regular employee discharging the same duties on the principle of parity.
3.6. Learned senior counsel also highlighted the guidelines for appointment of non-teaching staff in JNVs, which 30 Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch specify that appointments should be made on direct recruitment from amongst persons who possess ITI certificate in the trade of Electrician/Wireman from a recognized Institute with at least 2 years' experience in electric installation/wiring. Learned counsel argued that the applicant meets the eligibility criteria and that the respondents' actions are contrary to these guidelines.
4. Supporting the case of the applicant, learned senior counsel for the applicant urged the following grounds :
4. 1. Malafide and arbitrary action: Respondents acted in a malafide and arbitrary manner by not considering regularization of existing ECPs working on contract/part-
time/daily wager/casual basis.
4.2. Lack of transparency: No clear selection criteria were fixed before the Computer-Based Test (CBT) and Skill/Trade Test, making the process arbitrary. 4.3. No weightage for experience: Experience of applicant was not considered in the selection process. 31 Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch 4.4. Violation of natural justice: Respondents' actions are contrary to the principles of natural justice and fair play. 4.5. Equal pay for equal work: Applicant is entitled to minimum pay scale and regularization of services based on years of service as also on the basis of decision rendered by the Hon'ble Supreme Court.
4.6. Arbitrary fixing of passing marks: Passing marks for selection and shortlisting candidates for Skill/Trade Test were not fixed before the test, leading to arbitrary action. 4.7. Pick and choose policy: Respondents' actions amount to a pick and choose policy, which is illegal and arbitrary. 4.8. Non-filling of vacant posts: Respondents' failure to fill all advertised vacant posts is arbitrary and promotes pick and choose action.
5. Relying upon the averments made in the counter affidavit, learned counsel for the respondents submitted as under:
32
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch 5.1. Learned counsel for the respondents contest the claim of the applicant stating that their engagement as a daily wager was temporary, casual, and need-based. Learned counsel emphasized that this type of engagement does not confer any right or claim for regularization or continuance. 5.2. In O.A. No. 2196/2022, learned counsel also highlighted that a regular incumbent, Md. Rafiqual Islam, has been appointed to the post of Electrician-cum-Plumber, rendering the applicant's claim for continuance invalid. 5.3. Learned counsel for the respondents further argued that the recruitment process was conducted in accordance with the Recruitment Rules and guidelines, ensuring fairness and equality for all candidates. They mention that the applicant participated in the Computer-Based Test (CBT) but failed to qualify for the trade test due to his performance.
5.4. Learned counsel for the respondents also disputed applicant's reliance on various judgments, asserting that these cases do not apply to the facts and circumstances of the present case. They cited several judgments of Hon'ble 33 Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch Supreme Court, including the Uma Devi case (supra), to support their argument that daily wagers or temporary employees are not entitled to regularization or permanent absorption. Further, learned counsel submitted that the Hon'ble Supreme Court has consistently held that regularization or permanent absorption can only be considered if the initial appointment was made through a regular recruitment process, against sanctioned posts, and in accordance with the relevant rules. However, in this case, the applicant's engagement was temporary and casual, and he does not meet the criteria for regularization or permanent absorption.
6. Heard learned counsel for the respective parties and perused the pleadings available on record.
7. ANALYSIS :
7.1. As already highlighted in the preceding paragraphs, a common question of facts and law arises in the present batch of O.A.s. and, therefore, the decision rendered in O.A. No. 2196/2022 will have bearing upon all the other O.A.s. 34
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch 7.2 It is not in dispute that the applicants were allowed to appear in the selection process and have also participated in the same. It is also not in dispute that they could not qualify the selection process. In view of the same, we are of the opinion that the applicants having participated in the selection process, cannot challenge the said process and seek relaxation to the Recruitment Rules, more particularly when, they were unsuccessful.
7.3 In Civil Appeal No. of 2022 (@ Special Leave Petition (C) No. 3466 OF 2022) Chief Executive Officer, Zila Parishad, Thane & Ors. Versus Santosh Tukaram Tiware & Ors. decided on 24.11.2022, it was held by the Hon'ble Apex Court as under :-
"6.2. Merely because respondent No. 1 continued in service for longer period on contractual basis the High Court ought not to have passed the order of regularization more particularly, when a policy decision was taken to avail the services of the driver by the agency/contractor and that the appointment of respondent No. 1 and other similarly situated drivers was not made after any selection procedure. The appointment of respondent No. 1 was purely on stopgap and on contractual basis. Under the circumstances, the High Court has committed a very serious error in ordering regularization as well as quashing and setting aside order dated 15.07.2021 by which on the contract being awarded to M/s Rakshak Security Services and Systems Pvt. Ltd., the services of respondent No. 1 was put to an end.35
Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch 6.3 Now so far as the reliance placed upon the decision of this Court in the case of Pandurang Sitaram Jadhav (supra) is concerned, on facts the said decision shall not be applicable to the case on hand and/or of any assistance to respondent No. 1. It was a case where this Court found an unfair labour practice. It was found that employees similarly situated working in the same establishment were granted regularization. Similarly, the decision of this Court in the case of Sheo Narain Nagar (supra) also shall not be applicable to the facts of the case on hand. It was a case where the authorities conferred temporary status and it was found that there was requirement of work and availability of posts too, and it was found that it was not a case of back-door entry, the services of the concerned employees were directed to be regularized w.e.f., 02.10.2002 from the date on which the authorities conferred the temporary status. Therefore, on facts the said decision shall not be applicable to the facts of the case on hand."
7.4. A similar contention was negatived by the Constitution Bench of the Hon'ble Apex Court in Umadevi case (supra) wherein the following was observed :
"The fact that in certain cases the court had directed regularisation of the employees involved in those cases cannot be made use of to found a claim based on legitimate expectation."
7.5. We are also reminded of the observations made by the Hon'ble Apex Court in B.S.N.L., Jammu vs. Teja Singh (CA No. 292/2009) decided on 16.01.2009 wherein the following observations were made:
"In view of the said decision of the Constitution Bench, there cannot be any doubt whatsoever that the 1989 regularisation scheme having not been enforced in the 36 Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch case of the respondent, it did not come within the purview of the exception carved out by the Court in paragraph 53, of Umadevi as quoted above. The view of the Constitution Bench in Umadevi (supra) has been reiterated by a three-Judge Bench of this Court in Official Liquidator vs. Dayanand and Ors. [2008 (10) SCC 1], stating that the High Courts shall give effect thereto, opining:
"90. We are distressed to note that despite several pronouncements on the subject, there is substantial increase in the number of cases involving violation of the basics of judicial discipline. The learned Single Judges and Benches of the High Courts refuse to follow and accept the verdict and law laid down by coordinate and even larger Benches by citing minor difference in the facts as the ground for doing so. Therefore, it has become necessary to reiterate that disrespect to the constitutional ethos and breach of discipline have grave impact on the credibility of judicial institution and encourages chance litigation. It must be remembered that predictability and certainty is an important hallmark of judicial jurisprudence developed in this country in the last six decades and increase in the frequency of conflicting judgments of the superior judiciary will do incalculable harm to the system inasmuch as the courts at the grass roots will not be able to decide as to which of the judgments lay down the correct law and which one should be followed.
91. We may add that in our constitutional set-up every citizen is under a duty to abide by the Constitution and respect its ideals and institutions. Those who have been entrusted with the task of administering the system and operating various constituents of the State an who take oath to act in accordance with the Constitution and uphold the same, have to set an example by exhibiting total commitment to the constitutional ideals. This principle is required to be observed with greater rigour by the members of judicial fraternity who have been bestowed with the power to adjudicate upon important constitutional and legal issues and protect and preserve rights of the individuals and society as a whole. Discipline is sine qua non for effective and efficient functioning of the judicial system. If the courts command 37 Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch others to act in accordance with the provisions of the Constitution and rule of law, it is not possible to countenance violation of the constitutional principle by those who are required to lay down the law.
92. In the light of what has been stated above, we deem it proper to clarify that the comments and observations made by the two-Judge Bench in U.P. SEB v. Pooran Chandra Pandey (2007 11 SCC 92) should be read as obiter and the same should neither be treated as binding by the High Courts, tribunals and other judicial foras nor they should be relied upon or made basis for bypassing the principles laid down by the Constitution Bench."
For the reasons aforementioned, we are of the opinion that the view of the learned Tribunal as also the High Court cannot be sustained. The impugned judgment is, therefore, set aside and the appeal is allowed accordingly. No costs."
7.6 To make out a case of regularization, the applicants ought to fulfill the following requisite pre-conditions :-
(i) Initial appointment must be done by the competent authority.
(ii) There must be a sanctioned post on which the daily rated employee/contractual employee(s) must be working.
(iii) The applicants have been given a chance to participate in selection process under RR's, a concession to participate has already been given.
Having failed to qualify in said process, the 38 Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch applicant(s) cannot seek relaxation or preference to employee's who have already been selected by way of regular selection process to challenge the same at a later stage.
7.7 Another aspect is to be looked into is minimum of the regular pay-scale. In Jagjit Singh (supra), while dealing with the question, as to whether, temporarily engaged employees (daily-wage employees, ad-hoc appointees, employees appointed on casual basis, contractual employees) are entitled to minimum of the regular pay- scale, along with dearness allowance on account of their performing the same duties, which are discharged by those engaged on regular basis, against sanctioned posts, the Hon'ble Supreme Court affirmed that the principle of 'equal pay for equal work' constitutes a clear and unambiguous right and is vested in every employee-whether engaged on regular or temporary basis.
8. CONCLUSION :
8.1 In light of the above analysis, we partly allow the present O.A.s to the limited extent by directing the respondents that the applicants shall be paid consolidated 39 Item No.24 with item Nos. 25 and 26(C-5) O.A. No. 2196/2022 and batch pay at minimum of the pay scale in the relevant pay band, which is given to a new entrant on his/her initial appointment. The arrears thereto shall also be paid to the applicants restricting to last three years till the filing of the present OA(s).
8.2 The aforesaid exercise shall be completed within a period of two months from the date of receipt of a certified copy of this order.
8.3 The services of the applicants who are working till the date of filing of the respective O.A.s shall not be dispensed with till remaining vacancies are not filed through regular channel. However, the said directions shall not give any right to the applicants for seeking regularization. 8.4 Pending MAs, if any, shall also stand disposed of.
There shall be no order as to costs.
(Dr. Anand S. Khati) (Manish Garg) Member (A) Member (J) /as/