Central Administrative Tribunal - Delhi
Bijender Kumar vs Department Of Education on 17 February, 2026
1 O.A No. 444/2025
Item 8 (C-3)
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 444/2025
Reserved on : 06.02.2026
Pronounced on : 17.02.2026
Hon'ble Mrs. Harvinder Kaur Oberoi, Member (J)
Hon'ble Dr. Sumeet Jerath, Member (A)
1. Bijender Kumar, Aged-51 Years,
S/o Sh. Ramdutt
Working as Electrician cum Plumber in JNV
Rewari, Haryana
R/o Staff Quarters JNV Rewari, Haryana
2. Kanhaiya Lal, Aged-37 Years,
S/o Sh. Rajveer Singh
Working as Electrician cum Plumber in JNV Baghmara
South Garo Hill
R/o Staff Quarters JNV Baghmara South Garo Hill,
3. Ravi Kumar Sulodia, Aged-54 Years,
S/o Sh. Nand Lal Sulodia
Working as Electrician cum Plumber in JNV Agar
Malwa MP
R/o Staff Quarters JNV Agar Malwa MP
4. Amit Kumar Tandon, Aged-39 Years,
S/o Late Shri Harvansh Tandon
Working as Electrician cum Plumber in JNV
Malhar Bilaspur
R/o Staff Quarters JNV Malhar Bilaspur, Bhopal
5. Thakur Dinesh Singh, Aged-45 Years,
S/o Thakur Prem Singh
Working as Electrician cum Plumber in JNV Rangareddy
R/o Staff Quarters JNV Rangareddy, Hyderabad
6. Kamlesh Kumar Patel, Aged-36 Years,
S/o Sh. Ramsahay Patel
Working as Electrician cum Plumber in PM SHRI
JNV SATNA
R/o Staff Quarters PM SHRI JNV SATNA
7. Anil Kumar, Aged-46 Years,
S/o Sh. Jalaram
MAYA BAHADUR SINGH
MAYA BAHADUR SINGH TARAGI
TARAGI
2026.02.19 17:22:07+05'30'
2 O.A No. 444/2025
Item 8 (C-3)
Working as Electrician cum Plumber in JNV Jodhpur
R/o Staff Quarters JNV, Jodhpur
8. Rakesh Kumar Saket, Aged-29 Years,
S/o Sh. Sudama Saket,
Working as Electrician cum Plumber in JNV
Bastar Chhattisgarh
R/o Staff Quarters JNV Bastar Chhattisgarh
9. Mansukhbhai Priyadarshee, Aged-50 Years,
S/o Sh. Dosabhai
Working as Electrician cum Plumber in JNV Porbandar
R/o Staff Quarters JNV Porbandar,
10. Naresh Kumar, Aged- 55 Years,
S/o Late Sh. Krishan Chand
Working as Electrician cum Plumber in JNV
Udhampur J&K
R/o Staff Quarters JNV Udhampur J&K
11. Rambilas, Aged-55 Years,
S/o Sh. Ram Charan
Working as Electrician cum Plumber in JNV
Rohilla Farrukhabad
R/o Staff Quarters JNV Rohilla Farrukhabad
12. Ajay Kumar, Aged- 47 Years,
S/o Sh. Jugal Kishor
Working as Electrician cum Plumber in JNV Jaisalmer,
R/o Staff Quarters JNV Jaisalmer. Jaipur
13. Madivanan Alias Lakshmikandan, Aged-46 Years,
S/o Sh. Nadesan
Working as Electrician cum Plumber in JNV Puducherry
R/o Staff Quarters JNV Puducherry, Hyderabad
14. Gopi Ram Saini, Aged-53 Years,
S/o Sh. Gheesa Lal Saini
Working as Electrician cum Plumber in JNV Paota,
Jaipur
R/o Staff Quarters JNV Paota, Jaipur
15. Anmol Kumar, Aged-30 Years,
S/o Sh. Sharwan Kumar
Working as Electrician cum Plumber in JNV Pithoragarh
R/o Staff Quarters JNV Pithoragarh
16. Avinash Pratap Rai, Aged-47 Years,
S/o Sh. Mahendra Pratap Rai
Working as Electrician cum Plumber in JNV Azamgarh
R/o Staff Quarters, JNV Azamgarh
MAYA BAHADUR SINGH
MAYA BAHADUR SINGH TARAGI
TARAGI
2026.02.19 17:22:07+05'30'
3 O.A No. 444/2025
Item 8 (C-3)
17. Sameer Mohammad, Aged-46 Years,
S/o Sh. Sharif Mohammad
Working as Electrician cum Plumber in JNV Bhilwara
R/o Staff Quarters JNV Bhilwara
18. Kapil Kumar, Aged-45 Years,
S/o Sh. Dayanand
Working as Electrician cum Plumber in JNV New Delhi
R/o Staff Quarters JNV, New Delhi
19. Satish, Aged-53 Years,
S/o Sh. Dhare Singh
Working as Electrician cum Plumber in JNV Delhi-2
R/o Staff Quarters JNV Delhi-2
20. Ashok Kumar, Aged-57 Years,
S/o Sh. Ameelal
Working as Electrician cum Plumber in JNV
Mohinder Garh,
R/o Staff Quarters JNV, Mohinder Garh
21. Lakshman Das, Aged-37 Years,
S/o Sh. Subal Chandra
Working as Electrician cum Plumber in JNV Jajpur
R/o Staff Quarters JNV Jajpur,
22. Ramesh Kumar Nayak, Aged-50 Years,
S/o Sh. Nathulal
Working as Electrician cum Plumber in JNV Chittaurgarh
R/o Staff Quarters JNV Chittaurgarh
23. Lal Mallesh, Aged-42 Years,
S/o Sh. Laluram
Working as Electrician cum Plumber in JNV Ajawal
R/o Staff Quarters in JNV Ajawal
24. Jitender Kant, Aged-41 Years,
S/o Sh. Chandra Kant
Working as Electrician cum Plumber in JNV Dholpur
R/o Staff Quarters in JNV Dholpur,
25. Sanju Das, Aged-53 Years,
S/o Sh. L.C. Das
Working as Electrician cum Plumber in JNV Delhi
R/o Staff Quarters JNV Delhi
26. Vikas Deshmukh, Aged- 53 Years,
S/o Sh. Foolchand Deshmukh
Working as Electrician cum Plumber in JNV Latur
R/o Staff Quarters JNV Latur
MAYA BAHADUR SINGH
MAYA BAHADUR SINGH TARAGI
TARAGI
2026.02.19 17:22:07+05'30'
4 O.A No. 444/2025
Item 8 (C-3)
27. Pushpender Singh, Aged-47 Years,
S/o Late Sh. Rajaram
Working as Electrician cum Plumber in JNV Chatarpur
R/o Staff Quarters JNV Chatarpur
28. Dheerandas Swami, Aged-52 Years,
S/o Sh. Linganiyan
Working as Electrician cum Plumber in JNV Telngana
R/o Staff Quarters JNV Telngana
29. Digambae R, Aged-50 Years,
S/o Sh.Kormant
Working as Electrician cum Plumber in JNV Goa
R/o Staff Quarters in JNV Goa
30. Veer Swami, Aged-58 Years,
S/o Sh. Marinna
Working as Electrician cum Plumber in JNV Pals
R/o Staff Quarters in JNV Pals
31. Bharat Bhai, Aged-50 Years,
S/o Sh. Harwansh Tandan
Working as Electrician cum Plumber in JNV Punchmahal
R/o Staff Quarters JNV Punchmahal
32. Buddichand, Aged-56 Years,
S/o Late Sh. Ramdas,
Working as Electrician cum Plumber in JNV Kotipura
R/o Staff Quarters JNV Kotipura
33. Sameer Mohammed Sheikh, Aged-46 Years,
S/o Sharif Mohammed Sheikh
Working as Electrician cum Plumber in JNV Bhilwara
R/o Staff Quarters JNV Bhilwara
34. Mukesh Dangar, Aged-44 Years.
S/o Sh. Rana Bhai Dangar
Working as Electrician cum Plumber in JNV Jamnagar
R/o Staff Quarters JNV Jamnagar
35. Paresh, Aged-44 Years,
S/o Sh. Vishnu Ghandi
Working as Electrician cum Plumber in JNV Raigarh
R/o Staff Quarters JNV Raigarh
36. Ishwar Lal, Aged-54 Years.
S/o Sh. Babulal
Working as Electrician cum Plumber in JNV Alwar
R/o Staff Quarters JNV Alwar
MAYA BAHADUR SINGH
MAYA BAHADUR SINGH TARAGI
TARAGI
2026.02.19 17:22:07+05'30'
5 O.A No. 444/2025
Item 8 (C-3)
37. Vilas Prabhu, Aged- 36 Years,
S/o Sh. Prabhubaba Sahib
Working as Electrician cum Plumber in JNV Beed
R/o Staff Quarters JNV Beed
38. Shyam Veer Singh, Aged-44 Years,
S/o Sh. Rajveer Singh
Working as Electrician cum Plumber in JNV Aligarh
R/o Staff Quarters JNV Aligarh
39. Dhirender Nath, Aged-49 Years,
S/o Sh. Harimahati
Working as Electrician cum Plumber in JNV Mahu Shadol
R/o Staff Quarters JNV Mahu Shadol
40. Shekh Ajmat, Aged-36 Years,
S/o Sh. Raseed
Working as Electrician cum Plumber in JNV Ahmadnagar
R/o Staff Quarters JNV Ahmadnagar
41. Pappu Kumar Meena, Aged- 45 Years,
S/o Late Gekaram Meena
Working as Electrician cum Plumber in JNV Baran
R/o Staff Quarters JNV Baran
42. Kitabar Bhoi, Aged-38 Years,
S/o Sh. Khrelabai
Working as Electrician cum Plumber in JNV Mukhla
R/o Staff Quarters JNV Mukhla
43. Rafeek Isalam, Aged- 43 Years,
S/o Sh. Asduf Samad
Working as Electrician cum Plumber in JNV Jammu
R/o Staff Quarters JNV Jammu
44. Rupak Tomar, Aged- 37 Years,
S/o Late Kedar Singh Tomar
Working as Electrician cum Plumber in JNV Dehradun
R/o Staff Quarters JNV Dehradun
45. Shokat Ali, Aged- 45 Years,
S/o Mo. Mustak Ahmad
Working as Electrician cum Plumber in JNV Sitamadhi
R/o Staff Quarters JNV Sitamadhi
46. Mooldhan Charan, Aged-51 Years,
S/o Sh. Ramdas
Working as Electrician cum Plumber in JNV Barmer
R/o Staff Quarters JNV Barmer
MAYA BAHADUR SINGH
MAYA BAHADUR SINGH TARAGI
TARAGI
2026.02.19 17:22:07+05'30'
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Item 8 (C-3)
47. Niyaj Ahmed, Aged-49 Years.
S/o Sh. Rafik Ahmed
Working as Electrician cum Plumber in JNV Saisa
R/o Staff Quarters JNV Saisa
48. Maneen Priydashri, Aged- 50 Years,
S/o Sh. Daunsa bhai
Working as Electrician cum Plumber in JNV Porbandar
R/o Staff Quarters JNV Porbandar
49. Rajesh Kumar Mishra, Aged-55 Years,
S/o Sh. Shambhu Prasad
Working as Electrician cum Plumber in JNV Maharajgang
R/o Staff Quarters JNV Maharajgang
50. Sudheer Mohan, Aged-52 Years,
S/o Late Gyansingh
Working as Electrician cum Plumber in JNV MP
R/o Staff Quarters JNV MP
51. Nageshwar Kumar, Aged-50 Years,
S/o Late Veer Bahadursingh
Working as Electrician cum Plumber in JNV Siwan Baliya
R/o Staff Quarters JNV Siwan Baliya
52. Yusaf Ali, Aged- 53 Years,
S/o Sh. Sokat Ali
Working as Electrician cum Plumber in JNV Nagpur
R/o Staff Quarters JNV Nagpur
53. Rajeev, Aged-53 Years,
S/o Sh. Kewala Ratan
Working as Electrician cum Plumber in JNV Jammu
R/o Staff Quarters JNV Jammu
54. Satish Kumar Patel, Aged-44 Years,
S/o Sh. Ramavtar Patel
Working as Electrician cum Plumber in JNV
Mahasamund Saraipali
R/o Staff Quarters JNV Mahasamund Saraipali
55. Ajay Kumar, Aged- 35 Years,
S/o Sh. Suresh Prasad
Working as Electrician cum Plumber in JNV Darbhanga
R/o Staff Quarters JNV Darbhanga
56. Dheeraj Gupta,
Age-39 Years,
S/o Sh. Prabhdayal Gupta
Working as Electrician cum Plumber in JNV Dausa
R/o Staff Quarters JNV Dausa
MAYA BAHADUR SINGH
MAYA BAHADUR SINGH TARAGI
TARAGI
2026.02.19 17:22:07+05'30'
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Item 8 (C-3)
57. Rajendra Ranka, Aged-57 Years,
S/o Shri B. L. Ranka
Working as Electrician cum Plumber in JNV Mavli
R/o Staff Quarters, JNV Mavli. ......Applicants
(By Advocate : Mr. Yogesh Sharma)
Versus
1. Union of India through the Secretary,
Ministry of Education, Govt. of India,
Shastri Bhawan, New Delhi.
2. Navodaya Vidyalaya Samiti
Through the Commissioner,
B-15, Institutional Area, Sector 62,
Noida, Uttar Pradesh 201307 ....Respondents
(By Advocate : Mr. R. V. Sinha with Mr. A. S. Singh, Ms. Shriya Sharma)
ORDER
Hon'ble Dr. Sumeet Jerath, Member (A) :
The present Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs :-
"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to constitute a Committee of Technical officer with the representation of applicants to consider the grievances of the applicants regarding cadre restructuring, amendment of R.Rules by separating the post of Electrician and Plumber, fixing the working hours of applicants, creating post Helper/Khallasi in each school of the help to Electrician/Plumber while performing duties and competent authority may take suitable decision of the recommendation of the Committee.
(ii) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to fix the duty hours of the applicants and pay over time allowances for taking duties beyond duties hours.
MAYA BAHADUR SINGH MAYA BAHADUR SINGH TARAGI TARAGI 2026.02.19 17:22:07+05'30' 8 O.A No. 444/2025 Item 8 (C-3)
(iii) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to create separate post of Electrician and Plumber.
(iv) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicants."
2. The brief facts of the case as per the counsel for the applicants is that the applicants are working under Navodaya Vidyalaya Samiti (NVS) in the post of Electrician-cum-Plumber in various Jawahar Navodaya Vidyalayas (JNVs). Their grievance is that they are being compelled to discharge their duties pertaining to two separate technical trades namely electrician and plumber which according to them are distinct in nature and they are separate skills too. The counsel stated that the applicants have been repeatedly requesting the respondents to undertake cadre restructuring by separating the posts of Electrician and Plumber and by creating the post of Helper/Khallasi to assist them in discharge of their duties. However, the respondents have failed to take any decision on the said request. It is the contention of the counsel for the applicants that the work assigned to them is widespread and covers maintenance and repair of electrical systems, water supply systems, plumbing lines, pumps, taps, pipelines, RO systems and associated infrastructure in residential school campuses. It is further stated that in each JNV houses approximately 500 to 600 students are there which includes hostels, staff quarters, school buildings and mess blocks etc, thereby substantially increasing the maintenance workload. According to jhim, the duties commence early in the morning with operation of water supply systems and continue till late night, requiring them to remain available almost round the clock to attend technical faults and despite such MAYA BAHADUR SINGH MAYA BAHADUR SINGH TARAGI TARAGI 2026.02.19 17:22:07+05'30' 9 O.A No. 444/2025 Item 8 (C-3) arduous duties no helper or additional manpower is provided. He highlighted that in other departments and organisations under the Government of India separate posts of Electrician and Plumber exists and employees perform duties limited to their respective technical trades. To put more strength to his argument he relied upon OM dated 07.11.1986 which relates to working hours and submitted that the working conditions imposed upon them are excessive and discriminatory. For better understanding the excerpts of the said OM are reproduced below :-
"In the light of 4th Pay commission recommendation to the effect that the working hours of the office staff in Government of India should be increased keeping in view the need to maintain and improve the level of productivity and after considering the views of representatives of Central Government employees in this matter. Government has been decided to increase the working hours in the administrative offices of the Government of India from 37 hours per week to 40 hours by increasing daily working by 30 minutes."
He further relied upon Factories Act, 1948 whereby it was provided that 'every adult who has completed 18 years of age cannot work for more than 48 hours in a week and not more than 9 hours in a day'. He highlighted Section 51 of the Act, which provides that 'the spread over should not exceed 10-1/2 hours.' Rules 20 to 25 of the Minimum Wages Act, 1948 also construed that 'the number of work hours in a day should not exceed 9 hours for an adult'. Sec. 33 of the Minimum Wages Act, 1948 also mentioned that 'for overtime wages are to be paid at the rate of twice the ordinary rates of wages of the worker.' As per the counsel, in all the Govt. offices/institutions/organisations the posts of Electrician has been defined as Highly skilled category whereas, the post of Plumber/Mechanic has been defined as Skilled category. Although Electricians are entitled for certain MAYA BAHADUR SINGH MAYA BAHADUR SINGH TARAGI TARAGI 2026.02.19 17:22:07+05'30' 10 O.A No. 444/2025 Item 8 (C-3) allowances and benefits like risk allowances however, due to common post of Electrician cum Plumber they are deprived of such allowances and benefits. Aggrieved, most of the applicants preferred their representations to the competent authorities for ventilating of their grievances however those are still unanswered. Representations dated 02.08.2021 and 20.12.2021 by the Navodaya Vidyalaya Employees Welfare Association were also submitted followed by other representations, but to no avail. Thus, to ventilate their grievance for cadre restructuring for separating the posts of Electrician and Plumber, to create additional posts of Khallasi and for fixed duty Hours the applicants have approached this Tribunal.
3. Counsel for the applicants based his arguments on the following grounds :-
"a) Posts of Electrician and Plumber are two different posts with difference education qualification, with different diploma and difference courses, which is clear from the course and certificates issued by the Govt. Industrial Training Institute, but in NVS, the respondents framed the R.Rules and created a post "Electrician cum Plumber whereas, there is no such post existed in any other Govt. Department or any private originations also.
b) As per R.Rules for the post of Electrician cum Plumber in NVS, ITI Certificate or equivalent in Electrician or plumbing can be appointed, meaning thereby person who is having ITI Certificate in Electrician can be also appointed as Plumber or person having certificate in Pluming can be appointed a Electrician which is not only illegal but also arbitrary and contradictory and therefore, the R.Rules itself is illegal and liable to be amended by separating both posts.
c) In each school there are approximately 500 to 600 students and being residential school, all the students are required to reside in the hostel. It is submitted that there are 12 hostels 24 rooms (08 for boys and 04 for girls) and there are more than 50 staff quarters, school building, mess block in each school. It is submitted that on or average there is work of maintenance of 600 fans, 1000 LED lights, 200 Bulbpoints, 100 street lights, 5 to 7 water supply motors, 40 elect Meters, 2-3 solor meters, 200 Power plugs, ACs and Geezers, RO Plant, Generators etc, in entire MAYA BAHADUR SINGH MAYA BAHADUR SINGH TARAGI TARAGI 2026.02.19 17:22:07+05'30' 11 O.A No. 444/2025 Item 8 (C-3) campus by one person including the work of Plumbing without any khallsi or helper, which is not possible for any human being, but in NVS, the authorities taking the this work from the applicants.
d). The plumber starts his duties from 6 A.M. to switch on the water supply motors and performed duties upto night i.e. upto 11 PM. It is submitted that being a residential institutions he is also responsible to attend any call during nights also, meaning thereby he should be ready to perform his duties in 24 hours, even without any helper/Khallasi and he cannot leave the school even for a short period and is working like a bonded labour.
e) Once it is admitted in the proposal of NVS that the Electrician cum Plumber is working more than 16 hours daily on the seven days in a week, without any holiday and without any over time allowances and without any other extra benefit whereas, in other departments and even Headquarters there are separate posts of Electrician and Plumber and they are required to performed 48 hours duty in a week.
f). As per the NVS letter F.No. 9-5/88-NVS(Acad.) dated 23.12.1988, the duty hours in the office of Navodaya Vidyalaya is from 09.00 AM to 04.00PM with half an hour lunch break from Monday to Saturday, but in the case of Electrician cum Plumber is not applying, as the same is not practicable possible to implement the same, as only one post of Electrician cum Plumber in each school and that is why applicants are required to work more than 16 hours per day with 7 days in a week."
4. Per contra, the respondents have opposed the OA and raised preliminary objections regarding maintainability of the OA as the applicants have sought plural reliefs which is not permissible under Section 10 of the CAT Act, 1985. Counsel for the respondents contended that the task of cadre restructuring and creation of posts fall within the administrative domain of the competent authority and the Tribunal ought not to interfere in such matters. The counsel have further submitted that the applicants are governed by recruitment rules and service conditions as prescribed by NVS and upon their appointment they accepted the terms of appointment with full knowledge of the nature of duties attached to the post. He added that MAYA BAHADUR SINGH MAYA BAHADUR SINGH TARAGI TARAGI 2026.02.19 17:22:07+05'30' 12 O.A No. 444/2025 Item 8 (C-3) the post of Electrician-cum-Plumber is a recognised post in NVS and direct recruitment is made in this post from candidates possessing ITI qualification in the trade of Electrician or Wireman along with prescribed experience. As per the respondents, the cadre review is an exercise which needs complete man power, planning considering the intake at the entry level, rather than being viewed only as a need for upgradation of posts to provide promotional avenues to the employees. If the department concerned is convinced that no change in the cadre structure is required keeping in view the functional requirement then restructuring of a post is not required. He highlighted that the post of ECP in NVS is an isolated post where no promotional avenues are there and the employees working as ECP gets financial upgradation in terms of the MACP Scheme of the government of India notified by the NVS vide office order dated 18/22.03.2011 and these schemes are mutatis mutandis applicable to the non-teaching categories of the employees of NVS including ECPs. Thus, the post of the helper sought to help the ECP is not a regular functional requirement rather it comes within the ambit of intermittent nature of work and seeking sanction post of Helper in each JNV is not required. Thus, the applicants have distorted the facts as a helper on need basis has already been permitted to be engaged to help and assist the ECP while performing their assigned duties. It is further stated that the post of Electrician-cum-Plumber (ECP) was sanctioned in Navodaya Vidyalayas (JNVs) as per norms issued by NVS from time to time. Further the creation and sanction of such posts are governed by administrative requirements and revised staffing norms, and at present the post is required only at the prescribed level as per revised norms. It has also been contended that MAYA BAHADUR SINGH MAYA BAHADUR SINGH TARAGI TARAGI 2026.02.19 17:22:07+05'30' 13 O.A No. 444/2025 Item 8 (C-3) restructuring of cadre or separation of duties of electrician and plumber is not warranted and falls within the exclusive administrative domain of the employer. He added that vide circular dated 19.04.2022 specific directions were issued regarding utilization of services of Electrician-cum-Plumber for maintenance of electrical and water supply systems in JNV campuses. The circular mandates that necessary equipments like ladder/wielding machine and safety devices be provided and additional manpower wherever required for heavy or technical work may also be arranged through outsourced staff. The counsel for the respondents maintained that the recruitment rules require an ECP to possess requisite qualifications and skills to perform both electrical and plumbing work, and adequate administrative arrangements have been made to provide assistance whenever necessary. The respondents have also relied upon earlier recruitment rules framed by NVS from time to time. As per the 1991 norms, the post required matriculation and diploma/certificate in the electrical trade with preference to candidates having plumbing experience. The duties included maintenance of pump sets, electrical installations, and water supply systems in the residential campus of JNVs. Subsequently, the Revised Recruitment Rules of 1995 came into picture which prescribed educational qualifications including 10th pass and vocational or technical certification in electrical trade along with desirable experience in electrical and plumbing work. The method of recruitment was changed to short-term contractual appointment initially for one year extendable up to three years with approval of competent authority. Further, as per the Revised Recruitment Rules of 2007 eligibility criteria were expanded which included candidates possessing ITI or equivalent MAYA BAHADUR SINGH MAYA BAHADUR SINGH TARAGI TARAGI 2026.02.19 17:22:07+05'30' 14 O.A No. 444/2025 Item 8 (C-3) certification in Electrician, Wireman or Plumbing trades with relevant experience. These amendments were intended to widen the scope of eligibility and ensure adequate manpower for maintenance of infrastructure in JNVs. The respondents also emphasized that plumbing work could be outsourced on need basis as per circular dated 19.01.2012, thereby reducing workload on regular ECP staff and meeting organizational requirements effectively. The respondents have denied the allegation that the applicants are required to work beyond permissible working hours or that the working conditions are violative of statutory provisions. According to them, the duties assigned to the applicants are in accordance with the organisational requirements of residential schools and cannot be termed illegal or arbitrary. Apart from all these, the respondents have also raised objection about impleadment of respondent no. 1 as party respondent who according to them is only a proforma party as no specific prayer has been made against Secretary, Ministry of Education (R-1) as also nothing has been challenged. Thus the respondent no. 1 has no role to play and thus be deleted from the array of parties.
5. To support his argument that creation and categorization of posts is exclusively in the domain of the Executive and the Courts and Tribunal should not interfere in such matters, counsel for the respondents relied upon the law laid down by the Hon'ble Apex Court in Mallikarjuna Rao vs. State of A.P. in (1990) 2 SCC 707. Paras 11 to 13 of which is reproduced below :-
"11. The observations of the High Court which have been made as the basis for its judgment by the Tribunal were MAYA BAHADUR SINGH MAYA BAHADUR SINGH TARAGI TARAGI 2026.02.19 17:22:07+05'30' 15 O.A No. 444/2025 Item 8 (C-3) only of advisory nature. The High Court was aware of its limitations under Article 226 of the Constitution of India and as such the learned Judge deliberately used the word "advisable" while making the observations. It is neither legal nor proper for the High Courts or the Administrative Tribunals to issue directions or advisory sermons to the executive in respect of the sphere which is exclusively within the domain of the executive under the Constitution. Imagine the executive advising the judiciary in respect of its power of judicial review under the Constitution. We are bound to react scowlingly to any such advice.
12. This Court relying on Narinder Chand Hem Raj v. Lt. Governor, Administrator, Union Territory, Himachal Pradesh and State of Himachal Pradesh v. A Parent of a Student of Medical College, Simla, held in Asif Hameed v. State of Jammu & Kashmir as under: (SCC p. 374, para 19) "When a State action is challenged, the function of the court is to examine the action in accordance with law and to determine whether the legislature or the executive has acted within the powers and functions assigned under the constitution and if not, the court must strike down the action. While doing so the court must remain within its self-imposed limits. The court sits in judgment on the action of a coordinate branch of the government. While exercising power of judicial review of administrative action, the court is not an appellate authority. The Constitution does not permit the court to direct or advise the executive in matters of policy or to sermonize qua any matter which under the Constitution lies within the sphere of legislature or executive....."
13. The Special Rules have been framed under Article 309 of the Constitution of India. The power under Article 309 of the Constitution of India to frame rules is the legislative power. This power under the Constitution has to be exercised by the President or the Governor of a State as the case may be. The High Courts or the Administrative Tribunals cannot issue a mandate to the State Government to legislate under Article 309 of the Constitution of India. The courts cannot usurp the functions assigned to the executive under the Constitution and can-not even indirectly require the executive to exercise its rule making power in any manner. The courts cannot assume to itself a supervisory role over the rule making power of the executive under Article 309 of the Constitution of India."
MAYA BAHADUR SINGH MAYA BAHADUR SINGH TARAGI TARAGI 2026.02.19 17:22:07+05'30' 16 O.A No. 444/2025 Item 8 (C-3) The above has been further reiterated by the Hon'ble Apex Court in P.U. Joshi & Ors. vs. The Accountant General, Ahmedabad & Ors. in 2003(2) SCC 632. Para 10 of the said order is reproduced below :-
"10. We have carefully considered the submissions made on behalf of both parties. Questions relating to to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy is within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India and it is not for the statutory tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State. Similarly, it is well open and within the competency of the State to change the rules relating to a service and alter or amend and vary by addition/subtraction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service, as may be required from time to time by abolishing the existing cadres/posts and creating new cadres/posts. There is no right in any employee of the State to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a government servant has no right to challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service."
Reliance has also been placed upon certain judicial pronouncements which are listed below :-
(i) Chief Manager, Punjab National Bank vs. Ankit Kumar Das - (2020) SCC Online SC 897 ;
(ii) Maharashtra Public Service Commission through its Secretary vs. Sandeep Shriram Warade - (2019) 2 SCC (L&S) 154;
MAYA BAHADUR SINGH MAYA BAHADUR SINGH TARAGI TARAGI 2026.02.19 17:22:07+05'30' 17 O.A No. 444/2025 Item 8 (C-3)
(iii) Zahoor Ahmad Rather vs. Sheikh Imtiyaz Ahmad - (2019) 2 SCC 404 and
(iv) Nirmala Vincent vs. UOI & Ors., - 2023 SCC OnLine Del 3812.
6. Denying the contentions raised by the respondents, the counsel of the applicants in his rejoinder has reiterated the averments made in the OA and submitted that the Ministry of Education has been rightly impleaded as a party respondent since NVS functions under its administrative control and any decision regarding restructuring of posts requires their approval. They have further stated that no prejudice is caused to the respondents by impleading the said authority. The applicants have denied the contentions of the respondents that they have sought plural or unrelated reliefs and have maintained that the reliefs sought are interconnected and have arose from the same cause of action. The counsel emphasised that the duties of Electrician and Plumber are technically and functionally different and governed by separate statutory rules. He relied upon internal circulars of NVS to contend that recruitment to the post requires qualification in electrical trade and that plumbing work is considered to be carried out through contractual arrangements.
7. Considered the rival contentions, perused the pleadings and examined all the judgments that are relied upon by the parties. In view of the facts discussed above, we are of the considered opinion that in view of the onerous, cumbersome and tedious nature of the job of Electrician-cum- Plumber (ECP) which is a 12 to 16 hours of job every day beginning from 6 AM and finishing at 10 PM, the ECP deserves to get a helper to give him/her MAYA BAHADUR SINGH MAYA BAHADUR SINGH TARAGI TARAGI 2026.02.19 17:22:07+05'30' 18 O.A No. 444/2025 Item 8 (C-3) more ease and convenience while discharging the duties efficiently and effectively. We have noted that the respondents in their counter affidavit have mentioned that RRs have been changed earlier and that the Helper too can be hired (by outsourcing). Also as per Apex Court Judgment Recruitment Rules (RRs) should be revised every 5 years so that they are in sync with changing times and remain contemporary to prevent stagnation, and keep the staff sufficiently motivated.
8. In the light of the above, we are of the considered opinion that the ends of justice would be met if this case is remanded to respondent no. 2 (Commissioner-NVS) treating this OA as a representation with a direction to do the 'due diligence' and pass an appropriate; reasoned and speaking order within a period of four months from the date of receipt of a certified copy of this order. We make it clear that we are in no way indulging in judicial activism and over-reach; that we are not encroaching on the policy making domain of the executive under the Doctrine of Separation of Powers/Checks and Balances but only trying to mitigate the occupational hardship of the poor and helpless Electricians-cum-Plumbers (ECPs) of Jawahar Navodaya Vidyalayas (JNVs) of Navodaya Vidyalaya Samity (NVS). Therefore, the instant OA is disposed of in the aforesaid terms. MAs if any are also disposed of in similar fashion. However, there will be no order as to costs.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/Mbt/
MAYA BAHADUR SINGH
MAYA BAHADUR SINGH TARAGI
TARAGI
2026.02.19 17:22:07+05'30'