Patna High Court - Orders
The Navodaya Vidyalaya Samiti (Nvs) vs Chandra Bhushan Yadav on 20 June, 2022
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1895 of 2022
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The Navodaya Vidyalaya Samiti (NVS)
... ... Petitioner/s
Versus
Chandra Bhushan Yadav
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. K.N. Singh, Senior Advocate
Mr. Siddhartha Prasad, Advocate
For the Respondent/s : Mr. M.P. Dixit, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
2 20-06-2022Crux of the matter in the present petition is whether contesting respondent could be treated as Protected Deemed insofar as transferring after his tenure was completed or not?
In this regard learned senior counsel Mr. (Dr.) K.N. Singh appearing for the petitioner submitted that employee of Nagar Panchayat whose spouse is working in the Navodaya Vidyalaya Samiti is not entitled to seek declaration that he or she would be Protected Deemed vacancy under the communication dated 20th February, 2020 (Annexure - 5).
Perusal of Paragraph No. 4 (iii) (c) there is no distinction overall the employees of the State so as to oust the employees of Nagar Panchayat for the purpose of declaring whether the contesting respondent is Protected Deemed or Patna High Court CWJC No.1895 of 2022(2) dt.20-06-2022 2/2 deemed vacancy. In this regard the petitioners were permitted to produce any material to show that is there any distinction in respect of State employees and Nagar Panchayat employees issued by the Navodaya Vidyalaya Samiti as on the date of the impugned order before the Central Administration Tribunal. If such material is existing, the same shall be placed on record by the next date of hearing.
Re-list this case on 18.07.2022.
(P. B. Bajanthri, J) ( Rajiv Roy, J) rakhi/-
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