Central Administrative Tribunal - Ernakulam
N Krishna Kumar vs Jawahar Navodaya Vidyalaya on 4 August, 2017
Author: P.Gopinath
Bench: P.Gopinath
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00627/2016
Friday, this the 4th day of August, 2017
CORAM:
HON'BLE Mr.U.SARATHCHANDRAN, JUDICIAL MEMBER
HON'BLE Ms.P.GOPINATH, ADMINISTRATIVE MEMBER
N.Krishna Kumar,
Music Teacher,
Jawahar Navodaya Vidyalaya,
ETC P.O., Kottarkara, Kollam - 691 531.
Residing at Jawahar Navodaya Vidyalaya Quarters,
ETC P.O., Kottarkara, Kollam - 691 531. ...Applicant
(By Advocate Mr.Vishnu S Chempazhanthiyil)
Versus
1. The Chairperson,
Navodaya Vidyalaya Samiti,
Ministry of Human Resource & Development,
Shastri Bhawan, New Delhi - 110 001.
2. The Commissioner,
Navodaya Vidyalaya Samiti,
Department of School Education & Literacy,
Government of India, B15, Institutional Area,
Sector 62, Noida, Gautam Budh Nagar Dist.,
Uttar Pradesh - 201 309.
3. The Deputy Commissioner (Pers.),
Navodaya Vidyalaya Samiti (Hyderabad Region),
Ministry of Human Resource & Development,
1-1-10/3, Sardar Patel Road,
Secunderabad - 500 003.
4. The Principal,
Jawahar Navodaya Vidyalaya,
ETC P.O., Kottarkara, Kollam - 691 531.
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5. Union of India, represented by the Secretary,
Ministry of Human Resource & Development,
Shastri Bhawan, New Delhi - 110 001. ...Respondents
(By Advocates Mr.Millu Dandapani [R1-4]
& Mr.Sinu G Nath,ACGSC [R5])
This application having been heard on 26 th July 2017, the Tribunal on
4th August 2017 delivered the following :
ORDER
HON'BLE Ms.P.GOPINATH, ADMINISTRATIVE MEMBER The applicant working as TGT Music in JNV, is a Miscellaneous Category Teacher. He was recruited on 16.10.1989 and on completion of 12 years the competent authority sanctioned Selection Scale to the applicant with effect from 16.10.2013. However, without any notice to the applicant the grant of Selection Scale was withdrawn and a copy of the same was served on the applicant along with orders of recovery.
2. Applicant argues that it is well settled that when adverse civil consequences like recovery and cancellation of promotion etc. is ordered, notice ought to be given and employee concerned should be heard. In the instant case Annexure A-2 and Annexure A-3 passed without notice to the applicant or hearing him, are liable to be set aside.
3. The Ministry of HRD has taken a decision in the matter of grant of Senior Scale to Miscellaneous Category of Teachers, in KVS. Both JNV and KVS are autonomous educational institutions discharging similar .3.
functions under the Ministry of HRD. Both have similar promotional schemes. A perusal of Annexure A-5 reveals that decision has already been taken to grant Selection Scale to Miscellaneous Category of Teachers in KVS without insisting on higher qualification. Hence applicant argues that it is only just and fair that the same benefit is extended to employees in JNV also being similarly placed. Applicant in his rejoinder submits that the selection grade was granted on the basis of recommendations of a validly constituted DPC for Grade Pay of Rs.5400/- in PB-2 (Rs.9300-34800) with effect from 7.6.2013.
4. Reliefs sought by applicant is to set aside Annexure A-2 inasmuch as the Selection Scale granted to the applicant is withdrawn and extend the benefit of Annexure A-5 Selection Scale to KVS Miscellaneous Category of Teachers to the Miscellaneous Category of Teachers in Jawahar Navodaya Vidyalaya with effect from 16.10.2013.
5. Respondent in the reply statement contends that the criteria for granting of selection scales to teachers are as follows :
(a) Senior Scale will be granted after 12 years of service to TGTs/Misc. Category of Teachers/Regional Language Teachers and PGTs. The selection scale will be granted after 12 years of service in the Senior Scale of the respective cadre. For the Vice Principal there will be only senior scale after 12 years and no selection scale.
(b) The number of posts in the selection scale for TGTs/Misc.
Category of Teachers/Regional Language Teachers and PGTs will be restricted to 20% of the number of posts in the Senior Scale of the respective cadre.
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(c) The Senior Scale and Selection Scale will be given after screening regarding their satisfactory performance by an appropriate DPC.
(d) Every teacher would be required to participate in the in-service training programme of at least three weeks duration before he/she is promoted to Senior Scale or Selection Scale, ie., once in every six years, provided that where arrangements for such training cannot be made, the competent authority may exempt a category of teachers for a specific period of time.
(e) Although for purposes of grant of selection scale to trained graduate teachers, miscellaneous categories and regional language teachers will be required to obtain higher qualifications, they will not be required to shift to an institution of higher level.
6. The Departmental Promotion Committee which met on 28-29 May 2015, while examining the fresh cases of teaching staff for grant of selection scale, observed that some of the teachers who have been granted selected scale did not possess higher qualification in the concerned subject which is a mandatory condition for grant of selection scales. Thus, the DPC unanimously recommended review of all the 79 cases of teachers who have been granted selection scale by earlier DPCs, to ensure fulfillment of the mandatory condition of possessing higher qualification in the concerned subject.
7. Respondent argues that the comparison of the scheme of senior/selection scale applicable to teaching staff with the ACP/MACP Scheme applicable to non-teaching staff is not tenable as they are totally different schemes. The exemption of higher qualification to miscellaneous category teachers for grant of selection scales allowed by KVS vide circular No.F.18-3/92-KVS (Admn-1/Vol.II) dated .5.
9.6.2011 on the basis of approval of Ministry of HRD is not applicable to NVS as the same has not been extended to Samiti by the Ministry of HRD till date.
8. We have heard learned counsel for the parties and perused the written submissions made. Respondent presents no plausible argument as to why the discrimination is extended to the respondent institution or why the respondent institution has not taken up the case for similarity of treatment for grant of selection scale to Miscellaneous Category of Teachers, on completion of 24 years of service. The Ministry of HRD is the nodal Ministry for both the schools ie. Kendriya Vidyalaya and Navodaya Vidyalaya. Ministry of HRD on 24.5.2011 while extending the grant of senior scale and selection scale to the Miscellaneous Category of Teachers without insisting on higher qualifications to teachers of Kendriya Vidyalaya, should have similarly extended the scheme to teachers of Navodaya Vidyalaya also. We observe that no plausible reasons are offered for the dissimilarity of treatment of the same category of persons.
9. Government of India while introducing schemes like MACP to non- teaching staff and senior scale and selection scale to teaching staff had intended that no employee should suffer stagnation. Having offered the scheme to some, not offering the same to others would not only be a demotivating factor but also defeat the objective of offering a solution to the .6.
matter of stagnation. It was never intended that the Miscellaneous Category of Teachers should pass 30-35 years of their teaching career with only one promotion, when the Government extended various schemes to declutter stagnation with various schemes of time bound promotion.
10. The applicant is entitled to the same treatment as meted out to Miscellaneous Category of Teachers of Kendriya Vidyalayas. The prayer in the O.A is accordingly allowed. We direct the respondents to extend the benefit of Annexure A-5 to the Miscellaneous Category of Teachers in Jawahar Navodaya Vidyalaya within a period of 90 days from the date of receipt of a copy of this order. No costs.
(Dated this the 4th day of August 2017)
(P.GOPINATH) (U.SARATHCHANDRAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A.No.180/00627/2016
1. Annexure A-1 - True copy of order No.F.No.1-171/NVS(HR)/ (Estt.II)/2014 dated 18.3.2014 issued by the 3rd respondent.
2. Annexure A-2 - True copy of the order No.F.No.1- 171/NVS(HR)/Estt.II)/2016/1056 dated 13.6.2016 issued by the 3 rd respondent.
3. Annexure A-3 - True copy of the order No.F.No.2-20/JNVK/2016-17 dated 23/28.6.2016 by the 4th respondent.
4. Annexure A-4 - True copy of the representation dated 18.7.2016 to the 2nd respondent.
5. Annexure A-5 - True copy of the communication No.F.18-3/92- KVS(Admn.I)/Vol.II dated 9.6.2011 issued by the Deputy Commissioner, KVS.
6. Annexure A-6 - True copy of the representation addressed to the 1 st respondent.
7. Annexure A-7 - True copy of the Office Order No.F.No.2-6/2009- NVS(Estt.II)/319 dated 18/22.3.2011 issued by the Navodaya Vidyalaya Samiti.
8. Annexure R-1 (a) - True copy of the circular F.No.2-119/99- NVS(Estt.), dated 6.11.2000.
9. Annexure R-1 (b) - True copy of the circular F.No.2-119/99- NVS(Estt.), dated 31.5.2002.
10. Annexure R-1 (c) - True copy of the office order F.No.- /NVS(HR)/ (Estt.II)/2014 dated 18.3.2014.
11. Annexure R-1 (d) - True copy of the circular F.No.1-171/NVS(HR)/ (Estt.II)/2015, dated 18.6.2015.
12. Annexure R-1 (e) - True copy of the circular F.No.18-3/92- KVS(Admn-1/Vol.II), dated 9.6.2011.
13. Annexure R-1 (f) - True copy of the letter F.No.1-171/NVS(HR)/ (Estt.II)/2016 dated 2.8.2016.
14. Annexure R-2 (g) - True copy of the letter F.No.1-7/2012/NVS(Estt.) legal/1518, dated 9.12.2013.
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15. Annexure R-2 (h) - True copy of the letter F.No.2-119/99- NVS(Estt.)/1813, dated 28.4.2010.
16. Annexure R-2 (i) - True copy of the letter F.No.12-27/2007- NVS(Estt.)/1727, dated 23.11.2007.
17. Annexure R-2 (j) - True copy of the circular F.No.2-1/9/99-NVS (Estt.), dated 25.2.2005.
18. Annexure R-2 (k) - True copy of the letter No.2-119/99- NVS(Estt.)/Vol.-II, dated 30.9.2003.
19. Annexure R-2 (l) - True copy of the letter F.No.2-119/99-NVS (Estt.), dated 31.10.2002.
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