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Central Administrative Tribunal - Ernakulam

Jassy Sam vs Isro on 23 January, 2023

                                      1                  O.A No. 180/23/2023




             CENTRAL ADMINISTRATIVE TRIBUNAL
                   ERNAKULAM BENCH

                         O.A No. 180/00023/2023

                Monday, this the 23rd day of January, 2023.
CORAM:
    HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
    HON'BLE Mr. K.V. EAPEN, ADMINISTRATIVE MEMBER

      Jessy Sam, aged 56 years,
      D/o. M.A Samuel,
      Senior Scale Post Graduate Teacher,
      Vikram Sarabhai Space Central School,
      Thumba, Thiruvananthapuram - 695 022.
      Residing at KP 1/701A, Alan Dale, CMC Lane,
      Nalanchira P.O., Thiruvananthapuram - 695 015.          -   Applicant

(By Advocate : Mr. P. Nandakumar)

                                    Versus

1.   ISRO (Indian Space Research Organization,
     Department of Space, Anthariksh Bhavan,
     New BEL Road, Bengaluru - 560 094.
     Represented by the Secretary,
     Department of Space.

2.   The Director,
     Vikram Sarabhai Space Centre, Thumba,
     Thiruvananthapuram - 695 022.

3.   Kendriya Vidyalaya Sangathan,
     18, Institutional Area, Shaheed Jeet Sing Marg,
     New Delhi - 110 016
     represented by its Commissioner.                         - Respondents

(By Advocates : Mrs. O.M. Shalina, SCGSC for R-1&2
                Mr. K.I. Mayankutty Mather for R-3)


      The application having been heard on 23.01.2023, the Tribunal on the
same day delivered the following:
                                    2                    O.A No. 180/23/2023

                           O R D E R (Oral):

-

Per: Justice Sunil Thomas, Judicial Member The applicant is presently working as Post Graduate Teacher of the 1st respondent's School. According to her, the norms of recruitment, pay scales, etc. in respect of teaching staff of the Central Schools of ISRO are strictly in accordance with the rules laid down by the Kendriya Vidyalaya Sangathan. Alleging that an interview is proposed to be held on 24.01.2023 for filling up the post of Vice Principal without conducting Competitive Examination, the applicant has approached this Tribunal seeking the following reliefs:-

"(I) To direct respondents 1 and 2 to fill up the post of Principal at Vikram Sarabhai Space Central School, Thumba, Thiruvananthapuram only after conducting Limited Departmental Competitive Examination from eligible hands after issuing a selection notification.
(II) To declare that the post of Principal at Vikram Sarabhai Space Central School, Thumba, Thiruvananthapuram is liable to be filled up strictly in accordance with Annexure A-1 recruitment rules."

2. The learned SCGSC invited our attention to Clause 11 of Annexure A-1, which provides that the vacancy can be filled up from among Vice Principal. Admittedly, the applicant is not a Vice Principal. However, certain grievances are aired the applicant in Annexure A-2 representation.

3. After hearing the learned counsel for the applicant, learned SCGSC for respondents 1 and 2, and the learned Standing Counsel 3 O.A No. 180/23/2023 for respondent No.3, we are inclined to dispose of the O.A itself by directing the 1st respondent to take up, consider and dispose of Annexure A-2 representation in accordance with rules on merits as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this order.

4. The O.A is disposed of as above. No costs.




                        (Dated, 23rd January, 2023.)



     K.V. EAPEN                                JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER                             JUDICIAL MEMBER


ax
                                    4                      O.A No. 180/23/2023



                           List of Annexures

Annexure A1- True copy of O.M No. F. 11019/1/2010/KVSHQ/RPS dated 04.03.2014 issued by the 3rd respondent.

Annexure A2- True copy of the representation dated 16.01.2023 submitted by the applicant before the 1st respondent.

************** 5 O.A No. 180/23/2023