Central Administrative Tribunal - Patna
Pradeep Kumar Acharya vs Nvs on 21 February, 2025
-1- OA/051/00542/2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH
CIRCUIT BENCH AT RANCHI
O.A./051/00542/2018
Reserved on : 18.02.2025
Pronounced on : 21.02.2025
CORAM
HON'LE SHRI KUMAR RAJESH CHANDRA, MEMBER (A)
HON'BLE SHRI RAJVEER SINGH VERMA, MEMBER (J)
Sri Pradeep Kumar Acharya TGT (English), Son of Late Kali Prasanna Acharya,
Jawahar Navodaya Vidyalaya, Balikudia, P.O.- Chhota Purulia, P.S.- Near Barsoi
Thana, District- East Singhbhum (Jharkhand)- 832101.
...............Applicant
(By Advocate: Applicant-in-person)
-Versus-
1. Union of India through the Ministry of HRD, Department of School Education
& Literacy, Govt. of India, Village- Balikudia, Post- Chhota Parulia, District- East
Singhbhum (Jharkhand)- 832101.
2. The Deputy Commissioner, Navodaya Vidyalaya Samiti, Regional Office, Patna-
800025.
3. The Principal, Jawahar Navodaya Vidyalaya, Balikudia, Post- Chhota Parulia,
District- East Singhbhum (Jharkhand)- 832101.
4. Deputy Commissioner (Shai), Navodaya Vidyalaya Samiti, Regional Office,
Karpoori Thakur Sadan Central Office Area, Block-A & B 5th Floor, Ashiyana Digha
Road, Patna-800025.
...............Respondents
By Advocate: Shri K.P. Narayan through VC mode
ORDER
Per Kumar Rajesh Chandra, A.M:-: - This OA has been filed by the applicant with a prayer to set aside the order dated 05.04.2018
-2- OA/051/00542/2018 refusing the applicant's claim vide letter No. 227 (Annexure-3) and also grant of selection grade.
2. Brief facts of the case, as per the applicant, are that he was appointed and joined in NVS on 31.05.1989 in the Grade Pay of Rs. 4600/- as TGT (English). The senior scale was granted to the applicant after completion of 12 years on 31.05.2001 in GP Rs. 4800/-. Though the applicant was granted PGT post after qualifying the written exam conducted by NVS on 19.09.2008 in GP Rs.4800/- but he refused the same due to perusal reasons, i.e. children were appearing in the Board Exam. It is contended by the applicant that though the senior scale was granted to the applicant after completion of 24 years on 31.05.2013 in GP Rs.5400/- but the same was withheld due to his refusal to accept his promotion to the rank of the PGT post on 19.09.2008. It is alleged by the applicant that the teachers who did not appear in the exam were granted selection scale and further the teachers who did not qualify in the exam for the post of PGT (English) were also granted selection scale. The applicant cited the example of some juniors to the applicant who had joined in November, 1992 and were granted selection scale in GP Rs. 5400/- after completion of 24 years. According to the applicant, in NVS financial upgradation under MACP is debarred for one year to the office staff only who refuse regular promotion but not in the case of teachers. It is submitted that the office order
-3- OA/051/00542/2018 dated 01.12.2017 (Annexure-A/1) issued on the basis of recommendations of Departmental Promotion Committee held on 20th & 21st November, 2017 granted selection scale to the staff of this region with Grade Pay of Rs. 5400/- w.e.f. the date mentioned against each subject to the conditions that they have completed 12 years of service in the Senior Scale and are holding the same post on the date from which selection scale is granted and applicant's name finds place in Sl. No. 8 of the said office order. When the detailed application of applicant dated 01.01.2018 for grant of selection scale was refused vide impugned order dated 05.04.2018 instant OA has been filed.
3. In their written statement the respondents have denied the contention of the applicant. It is submitted that the relief as sought for by the applicant cannot be allowed in view of the fact that the applicant was granted selection scale inadvertently but after verification, it was noticed that he concealed the facts about himself. In fact, he was promoted to the post of PGT (Eng) in the year 2008 but he refused to accept his promotion to higher post. As per existing rule for grant of selection scale, an employee who refused regular normal promotion to higher grade is not eligible for upgradation of pay. Accordingly, the selection scale granted earlier was withdrawn. According to the respondents, as per Rule the financial upgradation under MACP is not admissible to those who
-4- OA/051/00542/2018 refuse regular promotion and under this heading it has been clarified that if regular promotion has been offered but was refused before becoming entitled to financial upgradation, no financial upgradation will be allowed till the employee agrees to be considered for promotion again and the next financial upgradation shall also be deferred to the extent of period of debarment due to refusal vide para 25 of Annexure-1 to OM dated 19.05.2009 duly incorporated in Swami's Compilation on seniority and promotion under Chapter 4 - MACP (Annexure R/2). It is further averred by the respondents that the case of MACP and senior scale/ selection scale is different which cannot be co-related to each other. Thus, as per the respondents, the OA is devoid of merit and liable to be dismissed.
4. Applicant has filed rejoinder in which he has enclosed information received under RTI Act vide letter dated 01.11.2019 (Annexure-1) in support of his contention for grant of selection scale after completion of 24 years of service in NVS as granted by KVS. He has also referred to the report of D.P. Chattopadhyay Commission as mentioned in letter dated 12.08.1987 and enclosed a copy of selection grade rules of the Finance Department of Govt. of Rajasthan (Annexure-2) in support of his case. He has also cited various rulings regarding promotion (Annexure-3) .
-5- OA/051/00542/2018
5. Heard the applicant appearing in person and learned counsel for the respondents and perused the materials on record carefully.
6. After hearing the parties at length, we have carefully perused the office order kept at Annexure A/1 of the O.A. dated 01.12.2017 whereby selection scale was allowed to the teachers of NVS in pay band-2 of Rs. 9300-34800/- with Grade Pay of Rs. 5400/- which includes the applicant subject to the condition of 12 years' service in the Senior Scale and holding the same post on the date from which selection grade is granted. It is also noticed from the said office order that under the heading "Distribution" it is mentioned that "The Principal, JNV concerned with the instruction to release the benefit of Selection Scale to the above mentioned teachers only after verifying their date of joining in the Samiti on regular basis or date of absorption, as the case may be and confirming through service records and also confirming the continuous service of 12 years in the Sr. Scale. The teachers who have refused promotion prior to completion of 12 years of service are not eligible for granting selection scale may also be verified from their service records......".
The applicant was made fully aware of this condition as it finds mention in the impugned order and it can be inferred that applicant can not claim to be ignorant of this.
-6- OA/051/00542/2018
7. We also observe that in pursuance of office order dated 01.12.2017 the respondents have verified the service records of the applicant to release the benefit of Senior Scale and have rightly withdrawn the selection scale granted earlier on 31.05.2013 after completion of 24 years inadvertently to the applicant after it is found that he refused the promotion given to him the post of PGT (Eng.), i.e. higher post on 19.05.2008 that falls in between 31.05.2001 that is the date of grant of senior scale to him and 31.05.2013 that is date on which he was inadvertently granted selection scale. The office order dated 01.12.2017 granting him the selection scale that is the impugned order has clearly mentioned this condition that the release of benefit of selection scale was subject to confirmation from service record if the concerned person has refused promotion. The above action of the respondents is as per the existing rules and cannot be interfered with.
8. In view of the above observation, we hold that the OA is devoid of merit and it is dismissed accordingly. No order as to cost.
Sd/- Sd/-
(Rajveer Singh Verma) (Kumar Rajesh Chandra)
Member (J) Member (A)
Srk.