Central Administrative Tribunal - Jaipur
Babu Lal Meena vs Navodya Vidyalaya Sanghathan on 23 July, 2019
Central Administrative Tribunal
Jaipur Bench, Jaipur
O.A. No. 159/2017
Reserved on: 15.07.2019
Pronounced on:23.07.2019
Hon'ble Mr. Suresh Kumar Monga, Member (J)
Hon'ble Mr. A. Mukhopadhaya, Member (A)
1. Babu Lal Meena S/o Shri Raju Lal Meena aged about 50
years, R/o Jawahar Navodya Vidyalaya Karauli (Raj.)
Presently working as Physical Education Teacher (PET,
Jawahar Navodiya Vidyalaya, Karauli (Raj.).
2. Shailendra Kumar Singh S/o Shri Virendra Singh aged about
53 years. Presently working and resident of Physical
Education Teacher (PET, Jawahar Navodiya Vidyalaya,
Bharatpur (Raj.).
3. Gemar Singh Rathore S/o Shri Tejmal Singh Rathore aged
about 56 years, R/o D-402, Murlidhar Vyas Colony, Bikaner.
Presently posted as Physical Education Teacher (PET,
Jawahar Navodiya Vidyalaya, Gajner, Bikaner.
4. S.V.Sharma S/o Shri Nand Lal Sharma aged about 56 years,
R/o Bhaskar Mohalla, Barmer (Raj.) Presently posted as
Physical Education Teacher (PET, Jawahar Navodiya
Vidyalaya, Barmer (Raj.).
5. Om Prakash Mahaver S/o Shri Govind Ram aged about 57
years, R/o House No.1654, Ward No.IV, Phoolganj,
Nasirabad, Ajmer (Raj.). Presently working as Physical
Education Teacher (PET, Jawahar Navodya Vidyalaya,
Kurukshetra, Haryana.
6. Om Prakash Soni S/o Shri Jhanwar Lal Soni, aged about 49
years, R/o 126, Balaji Nagar, Pal Road, Jodhpur (Raj.)
Presently working as SUPW Teacher, Jawahar Navodya
Vidyalaya, Gajner, Bikaner.
7. Hukam Chand Saini S/o Shri Daulat Ram Saini aged about
57 years, resident of 167, Parihar Nagar, Bhadwasia,
(OA No.159/2017)
(2)
Jodhpur (Raj.). Presently working as (SUPW), Jawahar
Navodya Vidyalaya, Barmer (Raj.).
8. Ramswaroop Meena S/o Shri Tulsiram Meena aged about 52
years, R/o Gram Dhoolwas, Saportra, Karauli (Raj.).
Presently working as Physical Education Teacher (PET,
Jawahar Navodya Vidyalaya, Sawaimadhopur (Raj.).
9. Gurnam Singh S/o Late Shri Gurmer Singh aged about 51
years, resident of Jawahar Navodya Vidyalaya Mouli, District
Panchkula, Haryana. Presently working as Physical Education
Teacher (PET, Jawahar Navodiya Vidyalaya, Maoli,
Panchkula, Haryana.
10. Smt. Laxmi Choudhary W/o Shri Gurnam Singh aged
about 51 years, resident of Jawahar Navodya Vidyalaya
Mouli, District Panchkula, Haryana. Presently working as
Physical Education Teacher (PET, Jawahar Navodiya
Vidyalaya, Maoli, Panchkula, Haryana.
...Applicants.
(By Advocate: Shri Amit Mathur)
Versus
1. Navodya Vidyalaya Samiti through its Chairman, B-15,
Institutional Area, Sector 62, Noida, District Gautam
Budh Nagar (U.P.)
2. Deputy Commissioner, Navodya Vidyalaya Samiti,
Regional Office, 18 Sangram Colony, Mahaveer Marg,
C-Scheme, Jaipur (Raj.).
...Respondents.
(By Advocate : Shri Hawa Singh)
ORDER
Per: A.Mukhopadhaya, Member (A):
The limited issue under dispute in this Original Application, (OA), is that the applicants who have completed 24 years of service with the respondent organisation and are working on (OA No.159/2017) (3) isolated posts of PET and SUPW teachers have been denied the Selection Scale on the ground that they do not possess the higher qualifications required for this. On representing for the same, the respondents vide impugned letter/order No.15-4/2016- NVS(Estt.I)/1280 dated 29.12.2016, (Annexure A/1), have denied the grant of Selection Scale to them stating that they are not eligible for the same in accordance with the instructions issued by the Navodaya Vidyalaya Samiti, (NVS), vide its letter No.2-119/99-NVS(Estt.) dated 06.11.2000. The applicants contend that this denial of Selection Scale has occurred despite their being included in the panel prepared for grant of Selection Scale, (para 4.6 of OA refers), and being eligible for the same. They state that as a consequence of such denial, some other persons junior to them have been allowed the benefit of Selection Scale vide Annexure A/3. As regards the instructions conveyed by the respondents' letter of 06.11.2000, (Annexure A/1 refers), the applicants aver that while the instructions in question refer to some kind of higher qualifications, what these qualifications are has not been specified and thus the instructions in question are vague. As regards the question of the jurisdiction of this Tribunal to hear the cases of the applicants, they point out that the office of Respondent No.2, i.e. Deputy Commissioner, NVS, Regional Office is competent to take a decision in the matter of granting Selection Scale as sought by the applicants as they are all serving in Jawahar Navodya Vidyalayas under the NVS, Jaipur Region, (OA No.159/2017) (4) which includes the States of Rajasthan, Haryana and Delhi within its territorial jurisdiction.
2. Aggrieved by the aforementioned action of the respondents in this matter, the applicants have approached this Tribunal seeking the following relief:-
i). Present Original Application be allowed. The annexure be quashed and set aside. The condition to possess higher qualification for Selection Scale in isolated post be declared illegal. The respondents be directed to declare the applicants eligible for grant of Selection Scale. They further be directed to give Grade Pay of Rs.5400/- to the applicants after completion of 24 years of services. They further be directed to make the payment of arrears with interest.
ii) Any other relief or direction which is deemed fit in the facts and circumstances of the case be passed in favour of the applicants.
3. In reply, while pointing out that some of the applicants are serving at locations where the normal territorial jurisdiction lies with the Jodhpur or the Chandigarh Benches of this Tribunal, the respondents reiterated that the organisation's instructions of 31.05.2002, (Annexure R/1), as well as 29.12.2016, (Annexure R/2), both specified that for grant of Selection Scale to Trained Graduate Teachers/Miscellaneous Category of teachers/Regional Languages teachers, i.e. the categories including the applicants, they "will be required to obtain higher qualifications". Thus, they contend that the respondents have correctly denied (OA No.159/2017) (5) the grant of Selection Scale to the applicants as it is admitted by them that they do not possess the requisite higher qualifications.
4. Learned counsels for the parties were heard and the material available on record was perused.
5. In his arguments, learned counsel for the applicants, at the very outset, referred to a judgment delivered by the Ernakulam Bench of this Tribunal in OA No.627/2016 on 04.08.2017 in which he claimed that this very issue has been adjudicated upon. He pointed out that both the respondent organisation in this case, the NVS and the Kendriya Vidyalaya Samiti, (KVS), in the cited case function under the direction and control of the Ministry of Human Resource Development, (HRD), which is the nodal Ministry in Government of India for both organisations. This being the case, the Ernakulam Bench of this Tribunal, in the cited judgment, has held that since the Ministry of HRD vide its letter No.3-50/2006-UT-2 dated 24.05.2011, (produced by the applicants' counsel and taken on record as Annexure C/1), has extended the benefit of Senior Scale and Selection Scale to the Miscellaneous Category of Teachers without insisting on higher qualifications for teachers serving with the KVS, a similar dispensation should be made for teachers serving in the NVS as no plausible reasons appear to have been offered for the dissimilarity of treatment of the same category of persons; (para (OA No.159/2017) (6) 8 of judgment refers). Applicants' counsel pointed out that in para-10 of the cited judgment, the Ernakulam Bench of this Tribunal has categorically ruled that the same treatment as has been given to the Miscellaneous Category of Teachers in KVS should also be extended to teachers in the same category in Jawahar Navodaya Vidyalayas, i.e. the NVS. Learned counsel for the applicants also drew attention to the specific provisions of the HRD instructions issued on 24.05.2011, (Annexure C/1), in which "approval to the grant of Senior Scale and Selection Scale to the miscellaneous category of teachers without insisting on higher qualifications" has been mandated in the case of KVS institutions. Learned counsel for the applicants thus contended that the applicants' case is squarely covered by the aforementioned judgment of the Ernakulam Bench of this Tribunal.
6. Learned counsel for the respondents, while reiterating the directions of the NVS, (Annexures R/1 and R/2), and also Annexure A/2 dated 06.11.2000 did not press any jurisdiction related objections. He also did not offer any arguments to distinguish the judgment of the Ernakulam Bench of this Tribunal cited by the learned counsel for the applicants from the facts and circumstances of the present case.
(OA No.159/2017) (7)
7. Thus, from a perusal of the record as detailed in the foregoing paras and consideration of the arguments of learned counsel for the parties, it appears that this case is squarely covered by the judgment of the Ernakulam Bench of this Tribunal in OA No.627/2016 dated 04.08.2017. This being the case, the provisions of HRD letter No.3-50/2006-UT-2 dated 24.05.2011, (Annexure C/1), are found to be applicable to the case of the present applicants also.
8. Accordingly, the OA succeeds and the respondents are directed to extend the benefits of Selection Scale to the applicants in the same manner and on the same terms and conditions as has been extended to other persons vide Office Order No.94-1/NVS-JR/Selection Scale/2813 dated 18.11.2016, (Annexure A/3), latest from the date that their juniors in service have been allowed such Selection Scale without insisting on their acquiring any kind of higher qualifications as a prerequisite for this.
9. There will be no order on costs.
(A.Mukhopadhaya) (Suresh Kumar Monga) Member (A) Member (J) /kdr/