Central Administrative Tribunal - Patna
Ganpati Jha vs Education on 6 February, 2025
-1- OA/050/00594/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH,PATNA
OA/050/00594/2023
Reserved on : 16.01.2025
Pronounced on : 06.02.2025
CORAM
HON'BLE MR. KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
Ganpati Jha, aged about 64 years, son of Late Narayan Jha, resident
of Village
Village- Dumari, Police Station- Biraul, P.O.- Afjala, District--
Darbhanga, PIN Code
Code-847703.
...... Applicant.
By Advocate - Shri Satish Chandra Jha
-Versus
Versus-
1. The Union of India through the Secretary, Ministry of Human
Resources Development, Department of Education, Govt. of
India, Palika Place, R.K. Ashram Marg, New Delhi
Delhi-110001.
2. The Commissioner, Kendriya Vidyalaya Sangathan, 18
Institutional Area, Sahid Jit Singh Marg, New DelhiDelhi-110016
110016
(India).
3. The Dy. Commissioner (Administration), Kendriya Vidyalaya
Sangathan, 18 Institutional Area, Sahid Jit Singh Marg, New
Delhi
Delhi-110061 (India).
4. The Senior Audit and Accounts Officer, Kendriya Vidyalaya
Sangathan, 18 Institutional Area, Sahid Jity Singh Marg, new
Delhi
Delhi-110016.
5. The Assistant Commissioner, Kendriya Vidyalaya Sangathan,
Regional Office, P.O.P.O.- Lohiya Nagar, Kankarbagh, Patna-
Patna-
800020.
6. The Principal, Kendriya Vidyalaya, Patratu, Dipsel Colony,
District
District- Hazaribagh, PIN- 829120 (Jharkhand).
7. The Deputy Director, Navodaya Vidyalaya Samiti (Ministry of
Human Resources Development, Department of Education),
Office- 5th Floor, Karpuri Thakur Sadan, Kendriya
Regional Office
Karyalaya Parisar, Ashiyana Digha Road, Patna
Patna- 800025 (Bihar).
8. The Dy. Director, Navodaya Vidyalaya Samiti, A A-28
28 Kailash
Colony, Delhi
Delhi- 110048.
9. The Assistant Commissioner (Establishment), Navodaya
Vidyalaya Smiti
Smiti,, Regional Office-
Office Karpuri Thakur Sadan,
Kendriya Karyalaya Parisar, Block A & B, 5th Floor, Ashiyana
Digha Road, Patna
Patna-800025
800025 (Bihar).
-2- OA/050/00594/2023
10. The Dy. Commissioner, Kendriya Vidyalaya Sangathan, Regional
Office, K.V. Campus, Namkum, Ranchi
Ranchi-834010 (Jharkhand).
...... Respondents.
By Advocate(s):
Advocate(s):- Shri G.K. Agarwal, ASC for R-1
R to 6 & 10
Shri K.P. Narayan, for R-7
R to 9
ORDER
Per Kumar Rajesh Chandra, A.M. :- This OA has been filed by the applicant praying for the following relief:
relief:-
"(i)That That in view of the facts and circumstances of the case, the Hon'ble Tribunal may be pleased to quash the Correction Letter dated 27.04.2023 contained in Annex.-
Ann 18 and further be pleased to quash the part of the decision dated 27.04.2023 contained in Annex. 19 whereby payment of Gratuity has been refused.
(ii) That the Hon'ble Court may further be pleased to direct the concerned respondents off K.V.S.K.V to make payment of E.L. encashment of 30 days and Gratuity for the period 5 years 7 months and 2 days, while the applicant service was under K.V.S.
(iii) Any other relief/reliefs for which the applicant is entitled to in law including the cost of proceeding for his harassment and mental agony at the hands of respondents."
2. The facts of the case, as narrated by the applicant, are as follows:
follows:-
(i) Applicant joined Kendriya Vidyalaya Sangathan (KVS) on 15.08.1988 and while working at K.V., Patratu, applied for PGT (Chem.) in Navodaya Vidalaya Samiti (NVS) ( for appointment on deputation basis basis. He was selected and accordingly relieving elieving order dated 26.08.1991 26.08.1991(Annexure-2) was issued by the Principal, K.V., Patratu, Hazaribag. From perusal of the said relieving order it would be reveal revealed that initially applicant was relieved for two years to join new assignment as P.G.T. (Chem.) on deputation basis.
-3- OA/050/00594/2023 (ii) That while applicant was working on deputation in N.V.S., vide
letter dated 23.07.1995 (Annexure-3)
3) he was asked/reminded eminded to ubmit technical resignation w.e.f. 1stApril, 1995 in prescribed submit proforma immediately, so as to reach the Office latest by 10.08.1995, failing which the applicant would be repatriated to his parent arent department i.e. K.V.S. and that no further correspondence would be entertained in this respect.
(iii) It is further submitted by applicant that vide letter dated 07.08.1995 (Annexure (Annexure-4) request for extension of his deputation period from 26.08.1995 to 25.08.1996 was not accepted and direction was iissued to him to submit technical resignation, if he is willing for permanent absorption in the NVS.
(iv) The applicant tendered his technical resignation and applied for his permanent absorption vide application dated 03.08.1995 (Annexure (Annexure-5)
5) before the Dy. Director, NVS Regional Officer Patna with a request to forward his willingness as well as his resignatio resignationn to his parent department for acceptance and later vide order dated 01/04.10.1996 (Annexure (Annexure-6)
6) his resignation from the post of TGT (P.G.M) in KVS was accepted w.e.f. 31.03.1994. Accordingly, the Dy. Director, NVS, Patna region vide his Letter dated 27.09.1996 .1996 (Annexure (Annexure-7) requested the Assistant Commissioner, K.V.S., Vijay Nagar, Rukunpura, Bailey 2 Road, Patna to accept technical resignation of applicant w.e.f. 1st April, 1994 to enable the "Samitee""
to absorb him permanently from the said date. It was further requested to settle the payment of pensionary benefits, leave encashment and other benefits, if admissible.
(v) It is contended by applicant there is no dispute with regard to service of the aapplicant being permanently absorbed in N.V.S. w.e.f.
e.f.
01.04.1994. The Principal K.V., Patratu vide his letter etter dated
-4- OA/050/00594/2023 01.01.1997 (Annexure-8) forwarded applicant's applicant s application for final transfer of his G.P.F. amount to N.V.S. Patna.
(vi) Earlier the applicantt approached this Tribunal in OA No. 84/2005 for redressal of his grievance wherein vide order dated 22.02.2005 liberty was granted to the respondents to pass a reasoned and speaking order on the pending representation of the applicant dated 27.03.2003. H However, owever, the respondents KVS vide office order dated 26/ 26/28.09.2006 28.09.2006 (Annexure-11) ( 11) disposed of his representation but the legal claim remained unsettled. The said OA was finally disposed of on 03.01.2007 (Annexure-12)
12) in the light of said office order dated 2 26/28.09.2009 6/28.09.2009 with liberty to the applicant to approach the Tribunal, if advised and if any grievance subsists.
(vii) The applicant superannuated on 31.01.2019 from the post of Vice Principal, KVS and accordingly his retiral benefits were paid to him takin takingg into account his service in NVS w.e.f. 01.04.1994 when he was permanently absorbed in NVS.
(viii) The grievance of the applicant is that the leave encashment and gratuity for the period while the applicant was a permanent employee of KVS has not been settled as yet in spite of the clear fact that he was a regular employee of KVS from 25.08.1988 to 31.03.1994 when his technical resignation was accepted. Before 31.03.1994 his lien was in KVS on account of his deputation deputation in NVS.
Applicant's total period of service in KVS comes to 5 years 7 months and 2 days and as such he is legally entitled to get gratuity from KVS in terms of payment of Gratuity Act, 1972, whereas the NVS has calculated the gratuity amount taking iinto nto account his total service period in NVS as 25 years, i.e. from the date of absorption.
(ix) The applicant filed representation dated 25.09.2019 (Annexure (Annexure-14) before Dy. Commissioner, KVS, Namkum, Ranchi
-5- OA/050/00594/2023 praying to release his EL encashment and gratui gratuity ty amount for the period 02.11.1988 to 31.03.1994. No action was taken even though the said representation was forwarded to DC, KVS, Regional office, Patna in favour of the applicant on 04.09.2020 (Annexure-
(Annexure-
16).Applicant also submitted a detailed represent representation ation dated 15.11.2020 through mail to the KVS Employees Grievance Portal KVS (Hq.) along with supporting documents with a request to examine his grievance and release his balance leave encashment and gratuity amount. Detailed representations dated 16.11.2 16.11.2020 020 and 17.11.2020 (Annexure (Annexure-17 17 series) were also submitted by the applicant before KVS Regional office, Jharkhand and Commissioner, KVS (Head Qr.), New Delhi for the same.
(x) It is alleged by the applicant vide correction letter dated 27.04.2023 (Annexure-18) technical resignation of the applicant accepted by the Assistant Commissioner w.e.f. 31.03.1994 has been changed to 26.08.1991 (when the applicant was relieved to join in NVS) after a lapse of about 27 years without informing the applicant which is n not ot only illegal, arbitrary but also in violation of principle of natural justice justice.. The said change of date led to counting of total service of applicant in KVS as 3 years and 2 days, whereas for payment of gratuity minimum 5 years' service is necessary in one ne department. Hence, the OA.
2. The respondents no. 1 to 6 & 10 (KVS) in their written statement have mentioned that as per the Terms of Deputation of NVS no where it is mentioned that the deputationist will be absorbed in NVS in due course and that the then Commissioner, KVS Hqr Hqr., New ew Delhi in his speaking order d dated ted 26.09.2006 in pursuance of the CAT, Patna order dated 22.02.2005 stated that NVS being the borrowing borrowing
-6- OA/050/00594/2023 organization has never asked for transferring (counting) the services of the applicant in KVS. Further, NVS vide letter dated 09.08.1995 had requested KVS that the payment of pensionary benefits, leave encashment and other benefits, if any admissible in KVS, may be settled. With regard to balance of EL, KVS is ready to discharge the liability of leave encashment and that if NVS is ready to credit the leave in the account of applicant the amount would be transferred to the organization, otherwise the amo amount unt will be paid to the applicant as per rules. It is further submitted by the respondents KVS that applicant had submitted clear and unconditional resignation in the prescribed proforma dated 03.08.1995 and not technical resignation and that CCS(Pension) Rules clearly stated that an employee quitting service on resignation will not be entitled to any pension, gratuity or terminal benefits and even resignation entails forfeiture of past services. The respondents have averred that the Assistant Commissioner, KVS, RO, Patna had accepted the resignation of the applicant erroneously who is not the competent authority authority.. As such, the KVS Hqr, New Delhi had issued corrigendum vide letter dated 27.04.2023 and changed the date of resignation w.e.f. 16.08.1991 instead of 31.03.1994. Referring to Section 4 of the Payment of Gratuity Act, the respondents have submitted that the applicant is not entitled for gratuity which iiss payable to an employee on the cessation of employment for a period not less than five years.
However, ever, in para 36 of WS it is submitted that KVS is ready to
-7- OA/050/00594/2023 discharge liability of leave encashment of Earned Leave which the applicant had earned while serving in KVS.
3. The respondents no. 7 to 9 (NVS) have filed written statement in which they have de defended fended the action of the said respondents though the learned counsel for respondents for R R-7 7 to 9 submitted during hearing that NVS is a formal party.
4. Applicant has filed rejoinder and denied the contention made by the respondents no. 1 to 6 & 10 in the their written statement.
5. Heard the learned counsel for the parties and perused the materials available on record.
6. Learned counsel for the parties basically argued on the basis of their respective pleadings.
7. After perusal of pleadings and hearing the parties, the following facts emerged for consideration:
consideration:-
(i) Admitted position in this case is that applicant joined KVS on 15.08.1988 and he was relieved by KVS on 26.08.1991 to join NVS on deputation basis. His technical resignation was also accepted by the KVS w.e.f. 31.03.1994 and NVS has counted his service w.e.f.
01.04.1994. Applicant was permanently absorbed in NVS w.e.f. 1st April, 1994 and before 31.03.1994 his lien was maintained in KVS. As such, the applicant was in continuous service till his h retirement.
(ii) It is admitted fact that at no point of time the applicant was not in regular service of either with KVS or NVS.
(iii) It is also admitted that in the initial years of his deputation to NVS was duly approved by the competent authority authority and his lien was maintained in the KVS who was his employer in that particular period.
-8- OA/050/00594/2023
(iv) Ultimately there was an order for permanent absorption of the applicant in NVS and it was recognized by the respondents accepting technical resignation through a corresponding order w.e.f. 1st April, 1994 and before 31.03.1994 his lien was maintained in KVS.
(v) Subsequently, without any notice to the applicant this order was revised stating that his technical resignation is not accepted and it is merely a resignation ignation leading to the adverse financial consequence to the applicant after his retirement.
8. Accordingly, I hold that the correction of date of acceptance of resignation from 31.03.1994 to 26.08.1991 vide letter dated 27.04.2023 after a lapse of abou aboutt 27 years is wholly unjustified and not sustainable in the eyes of law and more so after the retirement of the applicant applicant. I also note that only because of some unwarranted technical issues or so between the KVS and NVS with regard to his technical resign resignation ation and absorption, the applicant cannot be made to suffer without any fault on his part. Accordingly, the OA is allowed. The correction letter dated 27.04.2023 (Annexure (Annexure-18)
18) is quashed and set aside. The respondents are directed to consider payment of gratuity and leave encashment to the applicant during the period he was serving under KVS as per rules within a period of three months from the date of receipt of this order. No order as to cost.
Sd/-
[KUMAR RAJESH CHANDRA] Administrative Member Srk.