Central Administrative Tribunal - Ernakulam
Rajan K M vs Jawahar Navodaya Vidyalaya on 30 August, 2017
• 1 Central Administrative Tribunal OA/180/633/16 Ernakulam Bench OA/180/00633/2016 Wednesday, this the 301h day of August, 2017.
CORAM Hon'ble Dr. K.B.Suresh, Judicial Member
1. Rajan. K.M, TGT Science, J awahar Navodaya Vidyalaya, Kasaragode, Periye, Kasaragode, Pin-671 316.
Residing at Jawahar Navodaya Vidyalaya Quarters, Periye, Kasaragode, Pin-671 316 .
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' . Sasidharan. K.P.,
TGT Mathematics,
Jawahar Navodaya Vidyalaya,
Palayadnada P. 0.,
\adakara, Kozhikode-673 521.
Residing at Iawahar Navodaya Vidyalaya Quarters, Palayadnada P.O., \adakara, Kozhikode - 673 521.
3. Gireesan. K. C., TGT Mathematics, Iawahar N avodaya Vidyalaya Minicoy, Laksha,dweep.
Residing at Iawahar N avodaya Vidyalaya Quarters, Minicoy, Lakshadweep.
4. Sunil P Xavier, TGT Mathematics, Jawahar Navodaya Vidyalaya, Neriamangalam P.O., Ernakulam - 686 693.
Residing at J awahar N avodaya Vidyalaya Quarters, Neriamangalam P.O., Ernakulam-686 693.
• 5. Augustine. P. K. 2 OA/180/633/16 .
TGT English, Jawahar Navodaya Vidyalaya, Palayadnada P.O. \adakara, Kozhikode-673 521.
Residing at J awahar Navodaya Vidyalaya Quarters, Palayadnada P.O., \adakara, Kozhikode-673 521.
6. Annie Chacko, TGT Mathematics, J awahar Navodaya Vidyalaya, Thrissur, Mayyannur.P.O .. Thrissur, Pin-679 105. Residing at Jawahar Navodaya Vidyalaya Quarters, Thrisur, Mayyannur.P.0 ..
Thrissur - 679 105.
7. Suresh Babu. E. TGT Mathematics, Jawahar Navodaya Vidyalaya Pandakkal P.O. Mahe - 673 310, Residing at Jawahar Navodaya Vidyalaya Quarters, Pandakkal P.O .. Mahe-673 310. Applicants (By Advocate: Mr.Vishnu S.Chempazhanthiyil) Versus
1. Union of India, represented by Secretary, Ministry of Human Resources Development, Shastri Bhawan, New Delhi 110 001.
2. The Chairperson, Navodaya Vidyalaya Samithi, Ministry of Human Resources & Development, Shast_ri Bhawan, New Delhi - 110 001.
3. The Commissioner, Navodaya Vidyalaya Samiti, Department of School Education & Literacy, Government of India, B 15, Institutional Area, Sector 62, Noida, Gautam Budh Nagar Dist. Uttar Pradesh-201 309
4. The Deputy Commissioner (Pers), Navodaya Vidyalaya Samiti (Hyderabad Region), Ministry of Human Resource & Development, 1-1-10 I 3, Sardar Patel Road, Secunderabad 500 003.
• 5. The Departmental Promotion Committee, 3 OA/180/633/16 Represented by its Chairman /Deputy Commissioner, Navodaya Vidyalaya Samiti, Hyderabad Regional Office, 1-1-10/3, Sardar Patel Road, Secunderabad-500 003. Respondents By Advocate:
Mr. S.R.K.Prathap, ACGSC for RI Mr.Millu Dandapani for R2 to 5 This OA having been taken up on 30th August, 2017, the Tribunal delivered the following order on the same day: · 0 RD ER (oral) Heard the learned counsel on both sides.
The issue lies in a narrow compass.
2. Apparently, after DPC, ineligible persons were granted an enhancement in career prospects along with an enhancement in pay. Later on it was found that out v---, v· of 71 people, 31 were not found ~igible as they lacked the higher qualification rt required. Therefore, the concerned authority has passed an order which seems to be
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correct as when higher qualifications are required, the DPC could have passed an order only in respect of that.
3. The case of the applicants is that the Ministry of Human Resources Development have taken a decision for grant of selection grade to miscellanous category of,.teachers without insisting on higher qualification in respect of teachers of KVS. They would say that the decision is that of the Ministry and the same is applicable to JNV also with similar educational qualification as KVS. Just because an exception was made in respect of KVS by the Ministry, the same cannot visit JNV as this is a separate institution altogether. I do not want to say anything on the exception granted by the Ministry to the teachers of KVS as this. is a different matter altogther but as stated by the Hon'ble Apex Court in several cases, there cannot be parity in illegality. Therefore, the decision of the respondents is upheld.
But then recovery is a different matter altogether. It is covered by he f
• 4 OA/180/633/16
Whitewasher judgment of the Hon'ble Apex Court. Therefore, the decision even though will have a prospective effect from the date of issuance of the order, the pay and other benefits would be remodulated on that basis and the already granted pay and allowances on the basis of the earlier decision cannot be recovered.
4. With these observations, OA is disposed of. No (Dr. K.B.Sures ) Judicial Member aa.
Annexures referred to by the applicants in the OA Annexure A2: True copy of the communication No .. F.No.1-171/NVS(HR)/(Estt.II)/2016 dated 13.6.2016 issued by the 4th respondent. Annexure All: True copy of the .DPC Proceedings No.F..No.1-171/NVS(HR)/(Estt.II)/ 2016 dated 30.5.2016 issued by the 5th respondent. Annexure Al: Copy of order No.F.No.1-171/Estt-Il/NVS (HR) /2013 dated 01.08.2013 issued by the Asst. Commissioner (ADMN), NVS. Annexure A3: Copy of the representation dated 23.06.2016 submitted by the pt applicant.
Annexure A4:Copy of the Communication No.F.No.KMVPF/JNVK/2016-17/203 dated 25.06.2016 issued by the Principal, JNV Kasaragode . . Annexure A4 (a) : Copy of the Communication No.PF(SPX)/J]\NN//2016-17/304 dated 25.06.2016 issued by the Principal, JNV EKM. Annexure A4(b): Copy of the Communication No.F.PF(PKA/JNVPK/2016-17 /164 dated 29.06.2016 issued by the Principal, JNV Kozhikode. Annexure A4(c) : Copy of the communication No.PB/(SBE)TGT/JNVP/16-17/102 dated
1. 7.2016 issued by the Principal, JNV Mahe. Annexue AS: Copy of communication No.F.18-3/92-KVS(Admn.I)/\bl.II dated 9.6.2011 issued by the 4th respondent.
Annexure A6: Copy of Office order No.F.No.1-238/2016/NVS(HR)/Estt III/980 dated 13.6.2016 issued by the 4th respondent (relevant portion). Annexue A7: Copy of Office Order No.F.No.2-6/2009-NVS(Estt-II) dated 18/22.03.2011 issued by the 3rct respondent (relevant portion). Annexure A8: Copy of the DPC Proceedings No.F.No.1-171/NVS(HR)/(Estt.Il)/2012 dated 30.10.2012 issued by the 5th respondent. Annexurc A9: Copy of the DPC Proceedings No.F.No.1-171/NVS(HR)/(Estt.Il)/2013 dated 31. 7.2013 Issued by the 5th respondent. Annexure AlO: Copy of the DPC Proceedings No.F.1-171/NVS(HR)/(Estt.II)/2014 dated 11.3.2014 issued by the 5th respondent. Annexures in the reply statement Annexure R2(a):Copy of the circular F.No.2-119/99-NVS(Estt) dated 6.11.2000. Annexure R2(b) :Copy of the circular F.No.2-119-NVS(Estt) dated 31.5 .2002. Annexure R-2(c):Copy of the office order F.No./NVS(HR)/Estt.II)/2014 dated 18.3.2014. Annexure R-2( d):Copy of the circular F.No.1-171/NVS(HR)/Estt.II/2015 dated 18.6.2015.
Annexure R-2(e): Copy of the circular No.F.18-3/92-KVS(Admn.I/\bl.II) dated 9.6.2011. Annexurc R-2(f): Copy of the letter F.N.1-171/NVS(HR)/Estt.II/2015 dated 28.7.2016.
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5 OA/180/633/16 Annexures in the counsel statement . . .
Annexure R2(g) :Copy of the letter F.No.1-712012/NVS(Estt).legal/1518 dated 9.12.2013.
Annexure R2(h): Copy of the letter F.No.2-119/99/NVS(Estt).legal/1813 dated 28.4.2010. Annexure R2(i): Copy of the letter F.No.12-27/2007/NVS(Estt)/1727 dated 23.11.2007. Annexure R2(j): Copy of the circular F.No.2-1/9/99/NVS(Estt)/ dated 25.2.2005. Annexure R2(k): Copy of the letter F.No.2-119/99/NVS(Estt)/\bl.II dated 30.9.2003. Annexure R2(1) : Copy of the letter F.No.2-119/99/NVS(Estt) dated 31.10.2002 .
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