Central Administrative Tribunal - Chandigarh
Rajesh Kumar vs Navodya Vidyalaya Samiti on 12 September, 2023
1 (OA No. 060/832/2010)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No.060/832/2019
Chandigarh, this the 12th day of September, 2023
HON'BLE SH. RAMESH SINGH THAKUR MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
---
Rajesh Kumar, aged 46 years, son of Shri Amar Nath, Ex.
TGT (Music), JNV, Rohtak, presently working as PGT-
Sociology, Govt. Sr. Secondary School, Kutel, Distt. Karnal
resident of House No. 54, Gall No. 3, R.K. Puram, Karnal.
(Group B) PIN CODE-132001.
...Applicant
(BY ADVOCATE: Sh. Rahul Jaswal)
VERSUS
1. Union of India, through Secretary to Government of
India, Ministry of HRD, Shastri Bhawan, New Delhi. -
110001.
2. Navodaya Vidyalaya Samiti, B-15, Institutional Area,
Sector 62, Noida, Uttar Pradesh 201307 through its
Commissioner.
3. Deputy Commissioner, Navodaya Vidyalaya Samiti, Ja
Region, 18, Sangram Colony, Mahaveer Marg, C-Sc
Jaipur (Raj.) 302 001.
4. Principal, Jawahar Navodaya Vidyalaya, Ghuskani.
P.O. Khidwali, Distt. Rohtak (Haryana) - 124 303.
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sr. CGSC)
2 (OA No. 060/832/2010)
O R D E R(Oral)
Per: SH. RAMESH SINGH THAKUR MEMBER (J):
1. This Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act seeking the following relief(s):-
"8(ii) Quash the impugned order dated 24.1.2019, Annexure A-1, accepting the request dated 28.12.2018, Annexure A-3, submitted by the applicant as technical relieving, has erroneously been accepted as technical resignation and also quashing the impugned orders dated 21.6.2019, Annexure A-2, rejecting the application dated 14.2.2019 (Annexure A-5), requesting for withdrawal/cancellation of technical resignation, being contrary to the policy instructions dated 27.8.2018 (Annexure A-4), issued by the DOPT on Technical resignation and lien and the settled proposition of law;
(iii) for issuance of an appropriate order or direction, directing the respondents to allow the applicant to join back his services a TGT-Sociology at the School, respondent no. 4, forthwith with all the consequential benefits, except wages for the absence/ intervening period in view of the fact that the applicant se the respondents for more than 14 years and respondents in the past, have been extending the same benefits to the persons similarly situated with the applicant and the applicant is also entitled for the same equitable relief under Articles 14 and 16 of the Constitution of India."
2. The facts as projected by the applicant are that he joined as TGT (Music) on 08.07.2004 in the School of respondent No. 4 and continued working as such for more than 14 years to the entire satisfaction of 3 (OA No. 060/832/2010) his superiors. The vacancies of PGT-Sociology were advertised by the State of Haryana and, being fully eligible and qualified, the applicant applied for his selection and appointment as PGT Sociology in the Education Department, Govt. of Haryana through proper channel. The respondents, while issuing No Objection Certificate dated 8.5.2017, allowed the applicant to participate in the selection process in the Education Department, Haryana. Upon selection and appointment of the applicant as PGT- Sociology in the State of Haryana, the applicant submitted his request for technical relieving on 28.12.2018 (F/N) to enable him to join the post of PGT-Sociology in the Education Department, Haryana. A vernacular copy of technical relieving request dated 28.12.2018 is annexed as Annexure A-3 and translated copy of the same is annexed as Annexure A-3/T. The resignation/relieving being only a technical and the applicant was not officially relieved by his controlling authority/respondent no. 4, therefore, was holding the lien as per clause 17 & 18 of the policy instructions dated 27.8.2018 (Annexure A-4). 4 (OA No. 060/832/2010)
3. The applicant, being a hardworking, could not adjust to the working environment while working on the higher post of PGT-Sociology in the Education Department, Haryana, therefore, decided to join back his previous post of TGT (Music) with the School, respondent no. 4 and submitted his detailed application dated 14.2.2019 (Annexure A-5), requesting the respondent no. 3 for withdrawing his technical resignation and allowing him to join as TGT (Music) at the school, respondent no. 4. A bare perusal of the application, Annexure A-5 would show that the application duly mentioned the reason for withdrawing his technical resignation.
4. The applicant was relieved by the respondent no. 4 from the post of TGT (Music) from his services only on 18.2.2019 vide Annexure A-6 i.e. after receipt of application date 14.2.2019, Annexure A-5 in the office of respondent no. on the same date i.e. 18.2.2019.
5. The applicant filed several representations mentioning therein about the instances where respondents allowed withdrawal of technical resignations. Reference has also been made to one 5 (OA No. 060/832/2010) such order dated 24.07.2023 passed by respondent No. 3 in the case of Ex. PGT (English) namely Sh. Radhe Shyam, JNV Ambala (Annexure A-9) whereby one Sh. Radhe Shyam was allowed to join back at JNV, Ambala after accepting his request for drawing the resignation after a period of two months on 24.07.2013. The applicant also referred to the case of one K.D. Meena, Ex. TGT (Math), JNV, Alwar in support of his claim, but still, the respondents rejected his claim vide impugned order dated 21.06.2019 (Annexure A-2).
6. The applicant further submits that he never resigned from the service and only sought technical relieving, pending completion of codal formalities and, therefore, the applicant was retaining and holding the lien on the post of TGT (Music) at the school as per Clause 17 and 18 of the policy instructions (Annexure A-4) and the resignation, being technical, ought to have been allowed to be withdrawn by the respondents.
7. The applicant referred to OA No. 2491 of 2009 titled Renu Bala Vs. Commissioner of Police and Ors. decided on 25.05.2010 (Annexure A-10). In the said 6 (OA No. 060/832/2010) case, the post was lying vacant and the applicant was allowed to withdraw her resignation in view of provisions of Rule 26 (4). The applicant also referred to the decision dated 01.04.2011 (Annexure A-11) given by Hon'ble Delhi High Court in WP(C) No. 6811 of 2011 titled Bharat Sanchar Nigam Ltd. Vs. Surjeet Singh Chawla where applicability of Rule 26 while considering the cases of withdrawal of resignations was discussed. Therefore, the impugned orders, Annexures A-1 and A-2 are legally not sustainable in the eyes of law for the reason that the respondent No. 3 while rejecting the claim of the applicant failed to apply his judicious mind regarding the applicability of Rule 26 (4) of the CCS (Pension) Rules, 1972 in the case of the applicant. Hence, this OA.
8. The respondents have filed the written statement wherein they contended the claim of the applicant made in the OA.
9. The respondents submitted that while submitting the application, the applicant had given an undertaking in Annexure II (Annexure R-2) stating that he will tender his resignation from the present post held by 7 (OA No. 060/832/2010) him in the Navodaya Vidyalaya Samiti before joining the new post. Accordingly, the respondent No. 3 issued a No Objection Certificate dated 08.05.2017 to the applicant. Consequent upon his selection, the applicant made a request vide letter dated 28.12.2018 (Annexure A-3) for relieving him to join new post. Since, the applicant had already given his undertaking stating that he will tender his resignation before joining new post, hence, his resignation was accepted w.e.f. 28.12.2018 itself vide office order dated 24.01.2019 (Annexure A-1) and he was relieved w.e.f. 28.12.2018 (A/N) vide order dated 18.02.2019 of the Principal, NVS District Rohtak (Annexure A-6). Moreover, the applicant has not made any request for keeping his lien on the post of Music Teacher in NVS, therefore, no lien was kept.
10. It is further submitted by the respondents that while working in the other Department on his new joining, the applicant directly addressed the application to respondent No. 3 seeking permission to join back on the post of Music Teacher which act of the applicant is unbecoming as a Government servant has to 8 (OA No. 060/832/2010) address all his correspondence through proper channel. Since the unconditional resignation of the applicant was accepted, the question of withdrawing the same does not arise. Moreover, the work and conduct of the applicant remained unsatisfactory while working in Jawahar Navodaya Vidyalaya, District Rohtak. In this context, the letter dated 21.09.2018 furnished by the Principal, JNV Distt. is annexed as Annexure R-3. Hence, the action of respondent No. 3 for not permitting the applicant to join back in NVS while serving in other department was in order. The cases of Mr. Radheshyam and Sh. K.D. Meena are not similar and within the purview of prevailing rules.
11. We have heard the learned counsels for the parties and have carefully gone through the pleadings on record.
12. It is not disputed that while applying for the post of PGT (Sociology), the applicant had given his undertaking stating that he will tender his resignation before joining new post, hence, his resignation was accepted w.e.f. 28.12.2018 itself vide office order dated 24.01.2019 (Annexure A-1) 9 (OA No. 060/832/2010) and he was relieved w.e.f. 28.12.2018 (A/N) vide order dated 18.02.2019 of the Principal, NVS District Rohtak (Annexure A-6). Moreover, the applicant has not made any request for keeping his lien on the post of Music Teacher in NVS, therefore, no lien was kept. in view of his undertaking given vide Annexure R-2 dated 21.02.2017. Moreover, the work and conduct of the applicant remained unsatisfactory while working in Jawahar Navodaya Vidyalaya, District Rohtak as per letter dated 21.09.2018 furnished by the Principal, JNV Distt. (Annexure R-
3).
13. The applicant has annexed with his OA an Office Memorandum dated 27.08.2018 regarding Master Circular on Technical Resignation and Lien in Central Services. Para 18 of this OM reads as under:-
"18. Termination of Lien ......................................
A Government employee's lien on a post shall stand terminated on his acquiring a lien on a permanent post (whether under the Central Government or a State Government) outside the cadre on which he is borne.
No lien shall be retained:-
(a) where a Government servant has proceeded on immediate absorption basis to a post or service outside his service/cadre/post in the Government from the date of absorption 10 (OA No. 060/832/2010) .................."
14. Since, the applicant has already joined on the post of PGT (Sociology) in the Education Department, Haryana on 28.12.2018, thus, in view of para 18 of OM dated 27.08.2018 on the question of lien as well as the undertaking dated 21.02.2017 furnished by the applicant stating that he will tender his resignation from the present post held by him in the Navodaya Vidyalaya Samiti before joining the new post, we do not see any reason to interfere with the impugned orders and feel that the action of respondent No. 3 for not permitting the applicant to join back in NVS while serving in other department is in order.
15. Accordingly, the present Original Application, being devoid of merits, is hereby dismissed.
16. However, there shall be no order so as to costs.
(RASHMI SAXENA SAHNI) (RAMESH SINGH THAKUR)
Member (A) Member (J)
ND*