Madras High Court
The Commissioner vs V.Saraswathi .. 1St on 8 January, 2021
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
WP.Nos.239 & 272/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.01.2021
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
WP.Nos.239 & 272/2021
& WMP.Nos.308 & 346/2021
[Video Conferencing]
1.The Commissioner
Kendriya Vidyalaya Sangathan
Head Quarters, 18, Institutional Area,
Shahid Jeetsingh Marg
New Delhi 110 016.
2.Deputy Commissioner
Kendriya Vidyalaya Sangathan
Chennai Region, IIT Campus
Chennai – 600 036. .. Petitioners
in both WPs
Versus
1.V.Saraswathi .. 1st Respondent in
WP.No.239/2021
2.R.Radhakrishnan .. 1st Respondent in
WP.No.272/2021
https://www.mhc.tn.gov.in/judis/
1
WP.Nos.239 & 272/2021
3.The Registrar
Central Administrative Tribunal
Madras Bench, City Civil Court Buildings
Chennai-104. .. 2nd Respondent in
both WPs.
Common Prayer:- Writ petitions filed under Article 226 of the
Constitution of India praying for issuance of a writ of certiorari calling
for the records of the 2nd respondent [Hon'ble Central Administrative
Tribunal, Madras Bench] culminating in the impugned order dated
03.06.2020 in OA.Nos.1141/2019 and 702/2019 and quash the same.
For Petitioners in both
Writ Petitions : Mr.M.Vaidhiyanathan
For R1 in both Writ
Petitions : Mr.R.Arumugam
R2 in all Writ Petitions : Tribunal
COMMON ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.] (1)By consent, both the writ petitions are taken up for final disposal and is disposed of by this common order as the impugned order passed in favour of the respective 1st respondents herein / Original Applicants in each of these writ petitions, is also a common one. https://www.mhc.tn.gov.in/judis/ 2 WP.Nos.239 & 272/2021 (2)Heard the submissions of Mr.M.Vaidhiyanathan, learned counsel for the petitioners and Mr.R.Arumugam, learned counsel who accepts notice on behalf of the respective 1st respondents in the writ petition. (3)These writ petitions pertain to declartion sought for by the respective 1st respondents herein/Original Applicants as to the extension of benefits of GPF [Pension] Scheme with all consequential benefits. (4)The Tribunal, vide common order dated 03.06.2020 in OA.No.1248/2019 etc., batch, has taken note of the order passed in OA.No.457/2011 before the Central Administrative Tribunal, Ernakulam Bench and the challenge made to the said order in OA [CAT] No.597/2012 [z], also ended in dismissal, confirming the order passed in OA.No.457/2011 and disposed of the said Original Applications with the following directions:-
''1.The respondents are directed to grant the benefits of GPF [Pension] Scheme to the applicants in the above OAs, wef., the date of appointment to their respective posts or from dates on deemed coming over to the GPF scheme.
2.The applicants are directed to refund the amount received from CPF, if any, at the time of https://www.mhc.tn.gov.in/judis/ 3 WP.Nos.239 & 272/2021 their retirement without any interest. It is also made clear that the applicants are also not entitled to get any interest on the pension accrued from KVS.
3.The respondents are directed to complete the exercise of implementing the above order within a period of six months from the date of receipt of a copy of this order.'' (5)Mr.M.Vaidhiyanathan, learned counsel for the petitioners would submit that OA.No.1668/2019 filed by one R.Shobana, which also form part of the common order, was put to challenge in WP.No.18758/2020 and vide order dated 15.12.2020, this Court has dismissed the said writ petition, thereby confirming the order passed by the 2nd respondent-Tribunal and prays for appropriate orders. (6)The Court heard the submissions of Mr.R.Arumugam, learned counsel appearing for the respective 1st respondents in these writ petitions and also perused the materials placed before it. (7)In the light of the above facts and circumstances, the writ petitions are dismissed as devoid of merits, confirming the order of the 2nd respondent-Tribunal dated 03.06.2020 made in OA.Nos.1141 and 702 of 2019 and the petitioners herein are granted six months time from the date of receipt of a copy of this order / uploading of the order in the https://www.mhc.tn.gov.in/judis/ 4 WP.Nos.239 & 272/2021 website to comply with the directions issued by the Tribunal in the impugned orders as confirmed in these writ petitions. No costs. Consequently, the connected miscellaneous petitions are closed.
[MSNJ] [AANJ]
08.01.2021
AP
Internet:Yes
To
1.The Commissioner
Kendriya Vidyalaya Sangathan
Head Quarters, 18, Institutional Area, Shahid Jeetsingh Marg New Delhi 110 016.
2.Deputy Commissioner Kendriya Vidyalaya Sangathan Chennai Region, IIT Campus Chennai – 600 036.
3.The Registrar Central Administrative Tribunal Madras Bench, City Civil Court Buildings Chennai-104.
https://www.mhc.tn.gov.in/judis/ 5 WP.Nos.239 & 272/2021 M.SATHYANARAYANAN, J., AND A.A.NAKKIRAN, J., AP WP.Nos.239 & 272/2021 08.01.2021 https://www.mhc.tn.gov.in/judis/ 6