Central Administrative Tribunal - Delhi
Rajendra Prasad vs Kendriya Vidyalaya Sanghthan on 13 December, 2023
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Item No.19 (C-5) O.A. No. 3217/2019
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No. 3217/2019
This the 13th day of December, 2023
Hon'ble Dr. Anand S. Khati, Member (A)
1. Rajendra Prasad, Aged about 74 year, Group-'B'
S/o Late Sh. Aparbal Yadav
Retd. PGT (Maths) from K V Aliganj Lucknow,
R/o Vill. - Sugauti, P.O. - Maharajganj,
Azamgarh, UP.
2. Sh. Lakhan Babu Tripathi, Aged about 78 years,
S/0 Sh. Man Manohar Tripathi,
Rtd. PGT.(Chemistry) from K.V. Barabanki Lucknow.
R/oL. VI/5 Sector N Aliganj, Lucknow, UP.
3. Sh. Madan Gopal Gupta, Aged about 70 years
S/0. Late Jagdish Prasad
Rtd. PGT(History) from KV NTPC Rihand Nagar
Sonbhadra UP
R/o H. No: 377, Ward No. 06, Lajpatty
P.O. & Distt;: - Hojai, Pin-782435
4. Ms. Dulari Barua Aged about 69 years,
W/o Late Ranjit Kumar Barua
Rtd. TGT (Maths.) from K.V. CRPF Amerigog,
Guwahati -23
R/o Flat No. C-3 Building No. 1, Rukmini Gaon,
Guwahati-22, Assam.
5. Ms. Manjula Devi, aged about 65 years,
Retd. TGT (Science) from K.V. CRPF (GC) Amerigog,
Guwahati -23
R/o H. No. 8, Kanaklata Saikia Path, Bhetapara,
Beltola, Guwahati- 781028
Distt. Kamrup (Metro) Assam.
6. Mrs. Ena Barbora, Aged about 64 years
W/o Sh. P.K. Barbora,
Rtd. TGT (English) from K.V. Kanchan Bagh,
Hyderabad, R/o H. No. 12, Home Sweet Home,
SOS Village Road, Borjhar,
Distt. Kmrup (Metro) Guwahati, Assam Pin 781015
7. Sh. Chitta Ranjan Ligira Aged about 66 years,
S/o Late Kali Ram Ligira,
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Item No.19 (C-5) O.A. No. 3217/2019
Rtd. TGT(English) from K.V.Nagaon, Guwahati
Region R/o Shantibon, Town Panigaon,
Ward No. 18, H. No.477. P.O. -Itachali, Ditt.: -
Nagaon, Assam Pin: 782003
8. Mrs. Anima Dadhara; Aged 71 years
W/o Late Prafulla Saikia, Rtd. PRT from K.V.
Nagaon Guwahati Region.
R/o North Haibargaon Lao Khowa Road, Ward No,
22, Nagaon, Assam-782001.
9. Mrs. Adiba Ufrooja Hug, Aged 71 years,
W/o Idris Ali Israfil Rtd. PRT from K.V. Nagaon
Assam R/o Natun Bazar, A.D.P. Road, Nagaon
Assam 782001
10. Mrs. Rita Gogoi, Aged about 64 years.
W/o Sh. Sidheswar Gogoi Rtd. PGT (Biology) from
K.V. Maligaon, Guahati.
R/o H. No.6, Orchid Residency, Sawkuchi, Near
Gate 2, Sarusajal Stadium, P.O. Sawkuchi,
Guwahati, Kamrup, Assam - 781040.
11. Mrs. Masum Ara Rahman, Aged about 62 years,
w/o Sh. Ashraff Ullah
Rtd. PRT K.V. IIT-G, Guwahati-781039
R/o. H. No. 87, First Floor, Anupam Nagar Path,
Near Masjid-e-Noor Hatigaon, Guwahati-781038,
Kamrup (M) Assam.
12. Mrs. Veena Kaul, Aged about 63 years,
W/o Sh. Vijai Prakash
Rtd. Librarian from KV CRPF Bijnor, Lucknow UP
R/o H. No. 2/622-0, Vikram Khand, Gomtinagar,
Lucknow-326010 (UP).
...Applicants
(By Advocate: Mr. A K Bhakt)
Versus
1. Commissioner,
Kendriya Vidyalaya Sangthan,
18, Institutional Area,
Shaheed Jeet Sing Marg,
New Delhi-110016
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Item No.19 (C-5) O.A. No. 3217/2019
2. Joint Commissioner (Finance)
Kendriya Vidyalaya Sangthan,
18, Institutional Area, Shaheed Jeet Singh Marg, New
Delhi-110016
...Respondents
(By Advocate: Mr. U N Singh)
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Item No.19 (C-5) O.A. No. 3217/2019
ORDER (ORAL)
By way of the present Original Application, the applicants have prayed for the following reliefs(s):-
"(i) To quash and set aside the impugned Orders dated 14.12.2018, 22/24.05.2018, 21.05.2018 (05.06.2018) and 21/23.05.2018 (05.06.2018) [Annexure A/ 1Colly)] and direct the respondents to extend the benefits of GPF cum pension scheme at the place of CPF in accordance with law and in the light of Judgment dated 22.03.2012 OA No. 457/2011 passed by Hon. CAT Ernakulam Bench. This Order was confirmed by Hon'ble High Court of Kerla at Ernakulam vide Order dated 13.08.2013 in OP(CAT) No. 597 of 2013 said Judgements have been followed by this Hon'ble Tribunal in Judgment dated 25.03.2014 in OA No. 1027/2014 with 0 A No. 1039/2014 'Santosh Kumar Verma & Ms. Usha Rani singh Vs. KVS & Anr.' and the same was complied by the respondents.
(ii) To allow OA with exemplary cost on the respondents for causing undue harassment to the applicants.
(iii) To pass any other Order(s), direction(s) which this Hon'ble Tribunal deem just and proper to meet the ends of justice."
2. At the outset, learned counsel for the respondents mentions that some of these applicants herein have approached this Tribunal after 15 to 20 years from their retirement, seeking the aforementioned reliefs.
3. At this juncture, learned counsel for the applicants submit that only few applicants have given their option and he further submits that some of them have given their option after the cut-off date.
4. Heard Mr. A K Bhakt, learned counsel for the applicants and Mr. U N Singh, learned counsel for the respondents and perused the materials available on record. 5
Item No.19 (C-5) O.A. No. 3217/2019
5. At this juncture, learned counsel for the applicants seeks permission of this Tribunal to withdraw the present OA with liberty to the applicants to file a fresh one.
6. Accordingly, the OA is dismissed as withdrawn with liberty to the applicants to file a fresh OA in accordance with law, if any of their grievances still subsists. [ (Dr. Anand S. Khati) Member (A) /dhruv/