Central Administrative Tribunal - Delhi
Radhika Joshi vs Prakash Javedakar &Amp; Ors on 25 May, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
C.P. No.239 of 2018
IN
O.A. No.2763 of 2016
This the 25th day of May, 2018
Hon'ble Mr. Justice Dinesh Gupta, Chairman
Hon'ble Mr. K.N.Shrivastava, Member (A)
1. Radhika Joshi, Retd. Principal,
W/o P.P. Joshi,
Aged about 63 years,
R/o 42/2, Chhotra Marg, Delhi University,
North Campus, Delhi-7.
2. Ajay Kumar Sinha, Principal
S/o Late Sh. Uma S. Sinha,
Aged about 60 Years,
R/o D-14, Purushottam Vihar, Bhind Road,
Gwalior (MP).
3. Anuradha Chauhan, Retd. PGT
W/o Sh. A.K. Chauhan,
Aged about 68 years,
R/o R-1005, Sispal Vihar, Sector-49,
Sohna Road, Gurgaon (HR).
4. Apurba Kumar Say, Retd. Drawing Teacher
S/o Late Sh. A.K. Say,
Aged about 66 years,
R/o Magnolia Salkavita, Near Hebron Campus,
Via NBU, PO-New Rangia, Distt. Darjeeling,
West Bengal.
5. Anjali Chatterjee, Retd. PRT
W/o Sh. A.K. Chatterjee,
Aged about 63 years,
R/o House No. D-42, Suncity, Sector-54,
Gurgaon (HR).
6. Archana Basu, Retd. PRT
W/o Col. S.C. Basu,
Aged about 68 years,
R/o Flat No. 07, Block-A, AWHO Complex,
Opp. Haldiram, VIP Road, Kolkata.
2
7. Avinash Kaur, Retd. Librarian,
W/o Late. Sh. B.C. Bhardwaj,
Aged about 62 years,
R/o 179, CP Colony, Mall Road,
Morar, Gwalior (MP).
8. Baldev Raj Tandon, Retd. PGT,
S/o Sh. Amar Nath Tandon,
Aged about 67 years,
9. Banishree Das, Retd. PRT,
W/o Sushant Das,
Aged about 61 years,
R/o 11-B, Shiv Shakti Apartment,
Plot No. 10, Sector-10, Dwarka, New Delhi.
10. Bansi Lal Menaria, Retd. Principal
S/o Sh. M.L. Menaria,
Aged about 66 years,
R/o 273, Hiran Magri, Sector-8,
Near Dhol Wali Magri, Udaipur (Raj.)
11. Bhushan Grover, Retd. Assistant
S/o Late Sh. H.C. Grover,
Aged about 63 years,
R/o Flat No. 663,
6th Floor, Bahawalpur CGHS Ltd., Plot No. 1,
Sector-4, Dwarka, New Delhi.
12. Chhanda Dutta Chowdhury, Retd. PGT,
S/o Late Sh. S.K. Ray,
Aged about 64 years,
R/o 48, 1st Floor, Model Town,
Balia Garia, Kolkatta.
13. Daxa J. Patel, Retd. TGT
W/o Sh. Jitendra M. Patel,
Aged about 61 years,
R/o Santipole Venidasni, Khadki, Karamsad,
Distt. Anand, Gujrat.
14. Devender Kumar Gupta, UDC,
S/o Late Sh. A. N. Gupta,
Aged about 55 years,
R/o 44, Vijay Block, Laxmi Nagar, Delhi.
15. Deep Kumar Mamgain, Retd. TGT,
S/o Sh. J. Mamgain,
Aged about 61 years,
R/o 36/1, Lane No. 7, PO Road,
Society Area, Clement Town, Dehradun.
16. Deepa Sau, PGT,
W/o Sh. A.K. Sau,
3
Aged about 60 years,
R/o Magnolia Salkavita, Near Hebron Campus,
Via NBU, PO-New Rangia, Distt. Darjeeling,
West Bengal.
17. Dhyan Singh Malik, Redt. Yoga Teacher
S/o Sh. Bhanwar Singh,
Aged about 65 Years,
R/o House No. 33, Gali No. 6, Lal Bagh,
Muzaffar Nagar, U.P.
18. Dipali Chatterjee, Retd. Head Mistress
W/o Late Sh. Nityanand,
Aged about 72 years,
R/o 122A, Manamali Naskar Road,
Brahala, Kolkata, West Bengal.
19. Geeta Bhattacharya, Retd. Head Mistress
W/o Sh. Sourerndra Nath Bhattacharya,
Aged about 76 years,
R/o D-3, Purbachal, Sector-3, Salt Lake,
Kolkata, West Bengal.
20. H.C. Agrawal, Retd. Education Officer
S/o Late Sh. D.D. Agrawal,
Aged about 66 years,
R/o Flat No. 569, Sector-13, Pocket-A,
Phase-II, Dwarka, New Delhi.
21. Heather Dsouza, Retd. Head Mistress
W/o Sh. Victor Dsouza,
Aged about 70 years,
R/o Arihant Colony Pentamala Kothi Road,
Ahemadnagar, Maharashtra.
22. Indu Bala Diwan, Retd. TGT,
W/o Sh. K.R. Diwan,
Aged about 72 years,
R/o M-52, 2nd Floor, Kirti Nagar,
New Delhi.
23. J.B. Joshi, Retd. LDC,
S/o Sh. B.M. Joshi,
Aged about 62 years,
R/o Soni, Pole No. 4, Wadi, Baroda,
Gujrat.
24. Juthika Chowdhry, Retd. PRT,
W/o Sh. P.K. Chowdhry,
Aged about 60 years,
R/o Ram Krishan Cottage, J/N, 2/2,
Ashwini Nagar, Baguiati, Zarda Bagan,
Kolkata, West Bengal.
4
25. Suvarna Murthy, TGT,
W/o Sh. K. Shree Ram Murthy,
Aged about 57 years,
R/o Flat No. 411, Shri Gajanan Fort,
Shanti Nagar, Nadkotha Road,
Vishakhapatnam.
26. K. Kamla Devi, Retd. PGT
W/o Dr. P.B.K. Shankar,
Aged about 71 years,
R/o F-407, Suryavanshi Apartments,
Sector-4, Nagarjuna Nagar, Tarnaka,
Secunderabad (AP).
27. Kamlesh Kulshresth, Retd. PRT
D/o Late Sh. M.S. Saxena,
Aged about 62 years,
R/o 193/19H, Civil Lines,
Bareilly, U.P.
28. Manta Gahlawat, Retd. PRT,
W/o R.S. Gahlawat,
Aged about 62 years,
R/o H. No. 680, Sector-1, Rohtak (HR).
29. Kawaljit Anand, Retd. TGT
W/o Sh. T.S. Anand,
Aged about 65 years,
R/o Flat No. 210, Sector-12, Pocket-II,
Dwarkadhish Apartments, Dwarka, New Delhi.
30. Kiran Bala Mani, Retd. PGT,
W/o Sh. R.K. Mani,
Aged about 64 years,
R/o 464/3, Mehrauli, Delhi.
31. Kiran Gupta, Retd. PGT,
W/o Sh. N.C. Gupta,
Aged about 69 years,
R/o Flat No. 933, GH-14, Paschim Vihar,
New Delhi-87.
32. Kiran Somal, Retd. PGT,
W/o Sh. K.M.S. Somal,
Aged about 61 years,
R/o 55-A, West Arjun Nagar, Agra (UP).
33. Krishna Vijayveargiya, Retd. PRT
W/o Sh. D.K. Gupta,
Aged about 72 Years,
R/o B-2/101A, Ground Floor,
Safdarjung Enclave, New Delhi.
5
34. Kosuri Girija, Retd. TGT
W/o Sh. A.G. Raghu,
Aged about 71 years,
R/o Plot No. 37, Road No. 3, Green Hills Colony,
Saroornagar, Mandal, Hyderabad (TS).
35. Manju Rawat, Retd. PGT
W/o Sh. Sohan Singh Rawat,
Aged about 62 years,
R/o H-203, Doon Trafalgar, Near IT Park,
Dehradun (UK).
36. Madhumati, Assistant
W/o Sh. Keshav Kumar,
Aged about 59 years,
R/o 169 Dandipur Mohalla,
Near Kalika Mandir Marg, Dehradun (UK).
37. Madhu Dhamejani, Retd. PRT,
W/o Dr. C.L. Dhamejani,
Aged about 61 years,
R/o J-1103, Roystonea Magrapatta City,
Pune, Maharashtra.
38. Mahendra Singh Solanki, Retd. PGT,
S/o Sh. Bishram Singh,
Aged about 66 years,
R/o 40-A, Neeraj Nagar, Phase-II,
Depot Road, Gailana Road, Agra (UP).
39. Malti Maharishi, Retd. PGT,
W/o Sh. M. Maharishi,
Aged about 65 years,
R/o B-604, Doordarshan Apartments,
GH-9, Sector-45, Gurgaon (HR).
40. Mandalika Suryakumari, Head Mistress,
W/o Sh. B. Sankar,
Aged about 57 years,
R/o 45-54, 17/3/6, Green View Apartment,
Seetarnmadhara, Vishakhapatnam.
41. Maya Nandi, Retd. TGT
W/o Sh. P. Nandi,
Aged about 67 years,
R/o 231, CIT Scheme, J.M., Kolkata, WB.
42. Mina Roy Chowdhury, PRT,
W/o Sh. Swapan Kumar Roy Chowdhury,
Aged about 60 years,
R/o Flat No. 14, Swabhumi Residency,
12 Motijheel Avenue, Kolkata, WB.
6
43. Meera Basu, Retd. PRT
W/o Sh. N.K. Basu,
Aged about 64 years,
R/o Ashwinipally Sechool Road, PO-Barasat,
Distt. 24 Parganas North, WB.
44. Neelam Dewan, PGT,
W/o Sh. J.K. Dewan,
Aged about 59 years,
R/o C-1A/14C, Janak Puri,
New Delhi.
45. Nilima Rakshit, Retd. Principal,
W/o Late Sh. Dilip Kumar Rakshit,
Aged about 74 years,
R/o Flat No. J-2, 2nd Floor, 175 Main Road West,
Sharda Appts. New Barrackpore Kolkata,
West Bengal.
46. Nirendra Nath Sarkar, Retd. TGT,
S/o Late Sh. N.N. Sarkar,
Aged about 71 years,
R/o Acclaneharprtukardhar, Chandan Nagar,
Distt. Hugli, West Bengal.
47. P. Sambasiva Rao, UDC
S/o Late Sh. P. Venketeswarlu,
Aged about 57 Years,
R/o 58-11-68, Sri Laxmi Niwas, S-2,
Old Karsa, Visakhapatnam (AP).
48. Paramjeet Ahuja, Retd. Prinicpal
S/o Sh. Gurdit Singh,
Aged about 67 years,
R/o S-392, Greater Kailash Part-I,
New Delhi-48.
49. Pratima Saighal, Retd. PGT
W/o Maj. Gen. P.K. Saighal,
Aged about 66 years,
R/o 38, Babar Road, New Delhi.
50. Prabha Gupta, Retd. PRT
S/o Sh. Deepak Kumar,
Aged about 63 years,
R/o 98, Khurbura, Dehradun (UK).
51. Pratibha Kulshrestha, Retd. TGT
W/o S.K. Kulshrestha,
Aged about 68 years,
R/o 191, Saket Nagar, Main Road End,
Indore, MP.
7
52. Puran Singh Khatri, Retd. TGT,
S/o Sh. Surat Singh,
Aged about 66 years,
R/o A-87, Road No. 2, Mahipal Pur Extn.
New Delhi-37.
53. Pushpa Yadav, Retd. PRT,
S/o Sh. R.K. Rao,
Aged about 61 years,
R/o H. No. 26, Lajpat Nagar, Gugaon, (HR).
54. Radhu Prasad Mathur, Retd. Librarian,
S/o Late Sh. J.N.P. Mathur,
Aged about 69 years,
R/o 1014, UF Apartment, Plot No.9,
Sector06, Dwarka, New Delhi.
55. Ragini Borkataky, Retd. PRT
S/o Sh. A.K. Borkataky,
Aged about 61 years,
R/o 193/19H, Civil Lines, Bareilly, UP.
56. Raj Kumar Chopra, Drawing Teacher,
S/o Late Sh. K.K. Chopra,
Aged about 67 years,
R/o A-224, Gaur Green Avenue, Abhay Khand-2,
Indirapuram, Ghaziabad, UP.
57. Rakesh Kumari, Retd. TGT,
W/o Late Sh. Darshan Kumar,
Aged about 62 years,
R/o C-60, Sainik Nagar, Nawada,
Uttam Nagar, New Delhi.
58. Raman Bala Kapoor, Retd. TGT
W/o Sh. M.L. Kapoor,
Aged about 75 years,
R/o 432 Mathura Road, Jangpura, New Delhi.
59. Ramesh Chandra Trivedi, Retd. Principal,
S/o Sh. V.D. Trivedi,
Aged about 71 years,
R/o H-20, U.P. Avas Vikas No.1,
Satyam Vihar, Kalyanpur, Kanpur (UP).
60. Rani Mehra, Retd. TGT,
W/o Sh. Ashok Kumar,
Aged about 59 years,
R/o G-20, Sector-12, Noida, UP.
61. Reba Ghosh, Retd. PRT,
W/o Sh. Tushar Kumar Ghosh,
Aged about 65 years,
R/o Matriashish Rabindra Path,
Birati, Kolkata.
8
62. Rekha Srivastava, PGT
W/o Sh. S.L. Srivastava,
Aged about 59 Years,
R/o E-304, HOMES, Sector-121, Noida, (UP).
63. Rekha Vijay Singh, Retd. TGT
W/o Late Lt. Col. J.N. Singh,
Aged about 58 years,
R/o Type 3/1, Kendriya Vidyalaya No. 1,
Air Force Station, Sector-14, Gurgaon (HR).
64. Roopshiksha Agrawal, Retd. PRT
W/o Sh. Hari Das Agrawal,
Aged about 61 years,
R/o 322/201, Ravi Nagar, Neoteric Terrace,
Gwalior (MP).
65. Ruchi Gulati, PRT
W/o Sh. R.K. Gulati,
Aged about 55 years,
R/o 42-E, Nehru Park Colony, Bareilly (UP).
66. Satya Prakash Gupta, Retd. TGT
S/o Sh. R.D. Gupta,
Aged about 60 years,
R/o H. No. 79, S-5, Greater Green Park Colony,
Haru Nagla, Bisalpur Road, Bareilly (UP).
67. Satosh Rawat, TGT,
W/o Sh. V.S. Rawat,
Aged about 60 years,
R/o H. No. 5, Dwarkapuri Extn., GMS Road,
Dehradun (UK).
68. Satyabrata Pal, Head Master,
S/o Late Sh. R.K. Pal,
Aged about 60 years,
R/o SJDA Composite Comp. MIG-83,
Danguajhar, Distt. Jai paigudi, West Bengal.
69. Shanti Bhushan Prasad Singh, TGT,
S/o Sh. R.P. Singh,
Aged about 57 years,
R/o H. No. 9/328, Lalita Park,
Laxmi Nagar, Delhi.
70. Shanti Negi, Retd. TGT,
W/o Sh. Rabindra Singh Negi,
Aged about 68 years,
R/o Flat No. 282, GH-4, Meera Appt.,
Paschim Vihar, New Delhi.
9
71. Sikha Devi, Retd. PRT
W/o Sh. Apurba Sarkar,
Aged about 66 years,
R/o 4, Tinpukur Badra, Jaya Appt., 1st Floor,
Flat A, Kolkata, West Bengal.
72. Subodh Ranjan Maji, Retd. TGT
S/o Gour Mohan,
Aged about 63 years,
R/o Flat No. 663, 6th Floor,
Bahawalpur CGHS Ltd., Plot No. 1,
Sector-4, Dwarka, New Delhi.
73. Sudha Gupta, Retd. Head Mistrees,
W/o S.K. Gupta,
Aged about 61 years,
R/o 6/304, Malviya Nagar, Jaipur
(Rajasthan).
74. Sunita Apsingikar, Retd. Head Mistress
W/o Sh. Arun Apsingikar,
Aged about 64 years,
R/o Flat No. 301, Shree Appts.,
Right Bhusari Colony, Kothrud, Pune.
75. Sushila Dhasmana, Retd. TGT,
W/o Sh. M.M. Dhasmana,
Aged about 61 years,
R/o H. NO. 08, Bank Colony, Dev Vihar,
Ashapuram, Stadium Road, Bareilly, UP.
76. Surekha Jain, Retd. PGT,
W/o Sh. R.C. Jain,
Aged about 65 years,
R/o 47/E-1, Sector-11, Faridabad (HR).
77. T.R. Vedarathami, Retd. TGT,
S/o Sh. K. Prasad,
Aged about 65 years,
R/o 18-33/2, Flat No. 3, Ground Floor,
Mak Towers, Plot NO. 100, Zahid Nagar,
Lane No. 2, Uppal, Hyderabad.
78. T. George, Retd. PRT
W/o Sh. George C. Poozbkignadokel,
Aged about 65 Years,
R/o A-11, Vidyasagar Sarai, Barahagan,
Thakurpukur, Kolkata, West Bengal.
79. Usha Rathore, Retd. PRT
W/o Sh. Gajraj Singh,
Aged about 61 years,
R/o Rz-301/2A, Gali No.1, Durga Park,
Nasirpur, Dwarka, PO Palam, New Delhi.
10
80. Usha Dwara, Retd. PRT
W/o Late. Sh. Vijay Dwara,
Aged about 63 years,
R/o 8A, Vandana Nagar,
Near Little Angle Convent, School, Indore.
81. Varsh Nem Jain, Retd. PGT,
W/o Sh. N.K. Jain,
Aged about 66 years,
R/o 3105, NTO Society, Plot No. 3A,
Sector-22, Dwarka, New Delhi.
82. Vijay Laxmi Roy, Retd. TGT,
W/o Sh. Dibyendu Roy,
Aged about 69 years,
R/o Flat No. 2C, 3rd Floor, Bijay Deep Appt.
20B Ashoka Road, Kolkata, West Bengal.
83. Vijay Pal Singh Raghav, Retd. Principal,
S/o Sh. Hazuri Singh,
Aged about 60 years,
R/o 22, Jagrati Vihar, Sector-23,
Sanjay Nagar, Ghaziabad, UP.
84. Vutla Subbarao, Retd. Principal
W/o Sh. Venkamma,
Aged about 64 years,
R/o 15/546-2a, 2b, Flat No. 2, Ground Floor,
Rainbow Appartments,
Old Housing Board Colony,
Machilipatanam, AP.
85. Madhu Bala,
W/o Sh. Subhash Chandra Punhani,
Aged About 59 years,
R/o K-36, Sec-25, Noida, U.P.
86. Ashaa Shrivastava, PRT,
Aged About 54 years,
W/o Sh. Sanjeev Shrivastava,
R/o A/100, Rajendra Nagar,
Behind SBI, Bareilly -243122.
87. Shukla Khosla, Retired TGT,
Aged about 71 years,
W/o Sh. S.D. Khosla,
R/o H. No. 1062, Sector -21,
Gurgaon (Haryana) -122016.
....Applicants
(By Advocate : Shri M.K. Bhardwaj)
Versus
11
1. Sh. Prakash Javedakar
Chairman KVS,
Shastri Bhawan,
New Delhi
2. Sh. S.K. Mall
Commissioner,
Kendriya Vidhyalaya Sanghthan
Shaheed Jeet Singh Marg,
New Delhi
3. Sh. Ajay Narayan Jha
Secretary,
Ministry of Finance
Deptt. of Expenditure,
New Delhi
.....Respondents
(By Advocate : Shri S. Rajappa)
ORDER (ORAL)
Mr. K.N. Srivastava, Member (A):
This Contempt Petition is filed for alleged non-compliance of our Order dated 05.04.2017 in OA 2763/2016 and Order dated 20.11.2017 in RA 131/2017 in OA 2763/2016 and in RA 132/2017 in OA 2762/2016. In our Order dated 05.04.2017, we had issued the following directions:-
"3. We, therefore, dispose of this application with a direction to the respondents to consider the case of the applicants in the light of the decisions cited above. The respondents shall take a final decision in their cases within 90 days from the date of receipt of a copy of this order and if the applicants are found to be entitled, the benefit of GPF Pension Scheme may be granted to them, in accordance with law. If not, the respondents shall pass a speaking and reasoned order with intimation to the applicants within the said 90 days period."
2. Further vide Order dated 20.11.2017 in the said RAs, the following direction was issued which reads as under:-
"3. It is stated that as a matter of fact, the reference to OAs is incorrect and it should have been order dated 24.08.2016 passed in LPA No. 410/2014 and other connected matters. The other side concedes to this position."
123. Shri Rajappa, learned counsel for the respondents, submitted that both the Orders of the Tribunal have been complied with and consequential individual orders in respect of every applicant have been passed. He has also placed on record a copy of all such orders.
4. Shri Bhardwaj, learned counsel for the petitioners, however, submitted that compliance reported by Shri Rajappa is not strictly in terms of the Order dated 20.11.2017 in ibid RAs wherein specific direction was issued that the compliance has to be by taking into account the Order in LPA No.410/2014.
5. Shri Rajappa drew our attention to letter dated 21.5.2018 from Assistant Commissioner (Law), Kendriya Vidyalaya Sangathan, addressed to him wherein it is clearly indicated that the individual orders in respect of the petitioners are in compliance of the Tribunal's Order dated 5.4.2017 and 20.11.2017. By implication, it would mean that the directions in LPA 410/2014 have also been kept in mind while passing the individual orders.
6. In this view of the matter, we are satisfied that our order has been substantially complied with. Accordingly, we direct closure of the Contempt Petition. Notices issued to the respondents are discharged.
7. In case the petitioners are still aggrieved by the orders passed by the respondents in their individual cases, they are at liberty to seek appropriate remedy as available to them under law.
(K.N.Shrivastava) (Justice Dinesh Gupta) Member (A) Chairman /ravi/