Kerala High Court
Rajan.K.M vs Union Of India on 4 December, 2024
Author: Amit Rawal
Bench: Amit Rawal
2024:KER:95708
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 4TH DAY OF DECEMBER 2024 / 13TH AGRAHAYANA, 1946
OP (CAT) NO. 296 OF 2017
AGAINST THE ORDER DATED 30.08.2017 IN OA NO.180/00633 OF 2016
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/APPLICANTS:
1 RAJAN.K.M., AGED 54 YEARS,
TGT SCIENCE,JAWAHAR NAVODAYA
VIDYALAYA,KASARAGODE,PERIYE,KASARAGODE,
PIN-671316,RESIDING AT JAWAHAR NAVODAYA VIDYALAYA
QUARTERS,PERIYE,KASARAGODE,PIN-671316.
2 SASIDHARAN.K.P
TGT MATHEMATICS,JAWAHAR NAVODAYA
VIDYALAYA,PALAYADNADA.P.O,VADAKARA,
KOZHIKODE-673521,RESIDING AT JAWAHAR NAVODAYA VIDYALAYA
QUARTERS,PALAYADNADA.P.O,
VADAKARA,KOZHIKODE-673521.
3 GIREESAN.K.C, TGT MATHEMATICS,JAWAHAR NAVODAYA
VIDYALAYA,MINICOY,LAKSHADWEEP,RESIDING AT JAWAHAR
NAVODAYA VIDYALAYA QUARTERS,
MINICOY,LAKSHADWEEP.
4 SUNIL P XAVIER
TGT MATHEMATICS,JAWAHAR NAVODAYA
VIDYALAYA,NERIAMANGALAM.P.O,
ERNAKULAM-686693,
RESIDING AT JAWAHAR NAVODAYA VIDYALAYA
QUARTERS,PALAYADNADA.P.O,
VADAKARA,KOZHIKODE-673521.
2024:KER:95708
OP (CAT) NO. 296 OF 2017
2
5 AUGUSTINE.P.K
TGT ENGLISH,
JAWAHAR NAVODAYA VIDYALAYA,PALAYADNADA.P.O,
VADAKARA,KOZHIKODE-673521,
RESIDING AT JAWAHAR NAVODAYA VIDYALAYA
QUARTERS,PALAYADNADA.P.O,VADAKARA,
KOZHIKODE-673521.
6 ANNIE CHACKO
TGT MATHEMATICS,JAWAHAR NAVODAYA VIDYALAYA,THRISSUR,
MAYYANNUR.P.O,THRISSUR,PIN-679105,
RESIDING AT JAWAYAR NAVODAYA VIDYALAYA
QUARTERS,THRISUR,MAYYANNUR.P.O,
THRISSUR-679105.
7 SURESH BABU.E
TGT MATHEMATICS,JAWAHAR NAVODAYA
VIDYALAYA,PANDAKKAL.PO,MAHE-673310,
RESIDING AT JAWAHAR NAVODAYA VIDYALAYA QUARTERS,
PANDAKKAL.P.O,
MAHE-673310.
BY ADVS.
SRI.S.VISHNU
SRI.M.J.AJITH MOHAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY,MINISTRY OF HUMAN RESOURCE
DEPARTMENT,SHASTRI BHAWAN,NEW DELHI-110001.
2 THE CHAIRPERSON
NAVODAYA VIDYALAYA SAMITHI,
MINISTRY OF HUMAN RESOURCE & DEVELOPMENT,SHASTRI
BHAWAN,NEW DELHI-110001.
3 THE COMMISSIONER
NAVODAYA VIDYALAYA SAMITI,DEPARTMENT OF SCHOOL
EDUCATION & LILTERACY,
GOVERNMENT OF INDIA,B15,
INSTITUTIONAL AREA,SECTOR 62,
NOIDA,GAUTAM BUDH NAGAR DIST,
UTTAR PRADESH-201309.
2024:KER:95708
OP (CAT) NO. 296 OF 2017
3
4 THE DEPUTY COMMISSIONER(PERS),
NAVODAYA VIDYALAYA SAMITI(HYDERABAD REGION),
MINISTRY OF HUMAN RESOURCE & DEVELOPMENT,
1-1-10/3,SARDAR PATEL ROAD,
SECUNDERABAD-500003.
5 THE DEPARTMENTAL PROMOTION COMMITTEE
REPRESENTED BY ITS CHAIRMAN/DEPUTY
COMMISSIONER,NAVODAYA VIDYALAYA SAMITI,
HYDERABAD REGIONAL OFFICE,1-1-10/3,SARDAR PATEL
ROAD,SUCUNDERABAD-500003.
BY ADVS.
SRI.M.A.VINOD, CGC
SRI.MILLU DANDAPANI, SC, NAVODAYA VIDYALAYA SAMITI
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 04.12.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:95708
OP (CAT) NO. 296 OF 2017
4
JUDGMENT
K. V. JAYAKUMAR,J.
This original petition is directed against the order dated 30.08.2017 in O.A.No.180/00633/2016 of the Central Administrative Tribunal, Ernakulam.
2. The petitioners/applicants were working as Trained Graduate Teachers (hereinafter referred as, "TGT") in Jawahar Navodaya Vidyalaya (hereinafter referred as, "JNV") under the 4 th respondent Regional Office of JNV. The petitioners herein are the applicants in O.A.No.633/2016. The original application was filed when the selection scale was cancelled without any notice or intimation.
3. Navodayas Vidyalaya Samiti issued instructions for the grant of Senior Scale/selection scale to Teachers and Vice Principals of NVS, as per which the Senior Scale will be granted after 12 years of service to TGTs and the selection scale will be granted after 12 years of service in the Senior Scale of the respective cadre. Accordingly, the applicants/petitioners were granted Senior Scale on the completion of 12 years of service and were placed in PB-2 Rs.9300-34800+4800 GP [Rs.6500-200-10500(pre-revised)].
4. Thereafter, on completion of 24 years of service, the applicants names were considered by the DPC held on 31.07.2013, recommending the names of the applicants for the grant of Selection Scale. Based on the recommendation of the DPC, selection scale was 2024:KER:95708 OP (CAT) NO. 296 OF 2017 5 granted to the applicants on completion of 24 years of service as per Annexure A1 dated 01.08.2013.
5. The applicants were thereafter placed in the pay band of Rs.9300-34800+GP of 5400 (pre-revised) Rs.7500-250-12000.
6. While so, as a bolt from the blue, the applicants were served with Annexure-A2 communication dated 13.06.2016 that Annexure A1 order was being withdrawn.
7. The contention of the petitioners/applicants before the Central Administrative Tribunal was that the Annexure A2 order cancelling the grant of the selection scale is totally unjust and illegal. Annexure A2 order was passed without any notice to the petitioners/applicants.
8. The Central Administrative Tribunal, by the impugned order, disposed of the original application as follows:
"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 of 71 people, 31 were not found ineligible as they lacked the higher qualification required. Therefore, the concerned authority has passed an order which seems to be 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 2024:KER:95708 OP (CAT) NO. 296 OF 2017 6 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 the 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 order as to costs."
9. We have heard learned counsel Sri.S.Vishnu for the petitioner and learned Central Government Counsel Sri. M.A.Vinod and Sri. Millu Dandapani for respondents.
10. The learned Central Government Counsel supported the order of the Central Administrative Tribunal. According to the Central Government Counsel, no interference is warranted in the matter.
11. Per contra, the learned counsel for the petitioners/applicants would submit that the impugned order of the Central Administrative Tribunal is legally unsustainable. It is his case that the petitioners were not heard before the decision was taken to cancel the selection scale. The reason for the rejection of the claim by the Tribunal is that the decision of Ministry of Human Resource Development in respect of Kendriya Vidyalaya Sangthan would not apply to JNV.
12. On perusal of Annexure-A2, it is clear that the Departmental Promotion Committee that met on 28.05.2015 noticed that the grant of selection scale to 79 teachers was not in order for want of higher qualification required for the post, and hence their 2024:KER:95708 OP (CAT) NO. 296 OF 2017 7 grant of selection scales was withdrawn, and also it is evident that the earlier DPC has committed a mistake while recommending selection scale to the petitioners. Later, when it came to the notice, it was withdrawn as per Annexure-A2.
13. Upon hearing the rival submissions across the Bar and on perusal of the paper book, we are of the view that there is no merit in the contention, as the Central Administrative Tribunal, after appreciating the facts and circumstances, had arrived at a correct conclusion. We do not find any illegality in the order passed by the Central Administrative Tribunal.
The O.P.(CAT) No.296 of 2017 fails and is dismissed.
Sd/-
AMIT RAWAL JUDGE Sd/-
K. V. JAYAKUMAR JUDGE msp 2024:KER:95708 OP (CAT) NO. 296 OF 2017 8 APPENDIX OF OP (CAT) 296/2017 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF ORDER NO. F.NO. 1 171/ESTT-II/NVS (HR)/2013 DATED 01-08-2013 ISSUED BY THE ASST. COMMISSIONER (ADMN) NVS 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 A11 TRUE COPY OF THE DPC PROCEEDINGS NO. F.NO. 1- 171/NVS (HR)/ESTT.II)/2016 DATED 30-05-2016 ISSUED BY THE 5TH RESPONDENT ANNEXURE A3 TRUE COPY OF THE REPRESENTATION DATED 23-06- 2016 SUBMITTED BY THE 1ST APPICANT ANNEXURE A4 TRUE COPY OF THE COMMUNCIATION NO. F.NO.
KMVPF/JNVK/2016-17/203 DATED 25-06-2016 ISSUED BY THE PRINCIPAL, JNV KASARAGODE ANNEXURE A4(A) TRUE COPY OF THE COMMUNICATION NO. F.NO.
PF(SPX)/JNVN/2016-17/304 DATED 25-06-2016 ISSUED BY THE PRINCIPAL, JNV EKM ANNEXURE A4(B) TRUE COPY OF THE COMMUNICATION NO.
F.NO.PF(PKA)/JNVPK/2016-17/164 DATED 29-06- 2016 ISSUED BY THE PRINCIPAL, JNV KOZHIKODE ANNEXURE A4(C) TRUE COPY OF THE COMMUNICATION NO. PB/(SBE) TGT/JNVP/16-17/102 DATED 1-7-2016 ISSUED BY THE PRINCIPAL, JNV MAHE ANNEXURE A5 TRUE COPY OF COMMUNICATION NO. F.18-3/92- KVS(ADMN.1)/VOLII DATED 09-06-2011 ISSUED BY THE 4TH RESPONDENT ANNEXURE A6 TRUE COPY OF OFFICE ORDER NO. F.NO.1- 238/2016/NVS(HRI)/ESTT.III/980 DATED 13-06- 2016 ISSUED BY THE 4TH RESPONDENT (RELEVANT PROTION) ANNEXURE A7 TRUE COPY OF OFFICE ORDER NO. F.NO. 2-6/2009- NVS (ESTT-II) DATED 18/22-03-2011 ISSUED BY 2024:KER:95708 OP (CAT) NO. 296 OF 2017 9 THE 3RD RESPONDENT (RELEVANT PROTION) ANNEXURE A8 TRUE COPY OF THE DPC PROCEEDINGS NO. F.NO. 1- 171/NVS (HR)/ESTT.II)/2012 dated 30-10-2012 issued by the 5th respondent ANNEXURE A9 TRUE COPY OF THE DPC PROCEEDINGS NO. F.NO 1- 171/NVS(HR)/(ESTT.II)/2013 DATED 31-07-2013 ISSUED BY THE 5TH RESPONDENT ANNEXURE A10 TRUE COPY OF THE DPC PROCEEDINGS NO. F.NO. 1- 171/NVS(HR)/ESTT.II)/2014 DATED 11-03-2014 ISSUED BY THE 5TH RESPONDENT ANNEXURE R2(A) TRUE COPY OF THE CIRCULAR F.NO. 2-119/99-NVS (ESTT) DATED 6-11-2000 ANNEXURE R2(B) TRUE COPY OF THE CIRCULAR F.NO. 2-119/99-NVS (ESTT.) DATED 31-5-2002 ANNEXURE R2(C) TRUE COPY OF THE CIRCULAR F.NO. 1-171-NVS (HR)(ESTT.)/2014 DATED 18-3-2014 ANNEXURE R2(D) TRUE COPY OF THE CIRCULAR F.NO. 1-171/NVS (HR)/ESTT.II/2015 DATED 18-06-2015 ANNEXURE R2(E) TRUE COPY OF THE CIRCULAR NO. F. 18-3/92-KVS (ADMN-1/VOL.II) DATED 9-6-2011 ANNEXURE R2(F) TRUE COPY OF THE LETTER F. NO.
1-171/NVS(HR) /ESTT.II)/2015 DATED 28-07-2016 ANNEXURE R2(G) TRUE COPY OF THE LETTER F.NO. 2-119/99-NVS (ESTT)/1813 DATED 28-4-2010 ANNEXURE R2(I) TRUE COPY OF THE LETTER F.NO. 12-27/2007 NVS(ESTT.)/1727, DATED 23-11-2007 ANNEXURE R2(J) TRUE COPY OF THE LETTER F.NO. 2-1/9/99- NVS(ESTT.) DATED 25-2-2005 ANNEXURE R2(K) TRUE COPY OF THE LETTER NO. 2-110/99-NVS (ESTT.)/VOL-II DATED 30-09-2003 ANNEXURE R2(L) TRUE COPY OF THE LETTER F.NO. 2-119-NVS (ESTT.) DATED 31-10-2002 2024:KER:95708 OP (CAT) NO. 296 OF 2017 10 EXHIBIT P1 TRUE COPY OF O.A.180/00633/2016 FILED BY THE PETITIONERS BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH EXHIBIT P2 TRUE COPY OF THE REPLY DATED 19.9.2016 FILED BY THE RESPONDENTS BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH. EXHIBIT P3 TRUE COPY OF TEH M.A.NO.180/00003/2017 IN O.A.180/00633/2016 FILED BY THE PETITIONERS BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH.
EXHIBIT P4 TRUE COPY OF THE ADDITIONAL STATEMENT REPLY DATED 6.3.2017 FILED BY THE COUNSEL FOR THE RESPONDENTS BEFORE THE HON'BLE CENTRAOL ADMINISTRATIVE TRIBUNAL ,ERNAKULAM BENCH ' EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30.8.20167 IN O.A.NO.180/00633/2016 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH EXHIBIT P6 TRUE COPY OF THE ORDER DATED 4.8.2017 IN O.A.NO.180/00627/2016 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH. Exhibit P7 TRUE COPY OF THE LETTER F.NO.2/119/99-NVS (ESTT.) /1813, DATED 28/4/2010.
ANNEXURE R2(H) TRUE COPY OF THE LETTER F NO.2-119/99-NVS (ESTT.)/1813, DATED 28.4.2018.