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2024 Supreme(Online)(CAT) 16258
CENTRAL ADMINISTRATIVE TRIBUNAL
Lata Baswaraj Patne, Judicial Member, Varun Sindhu Kul Kaumudi, Administrative Member
M. Jyothi Nirmala – Appellant
Versus
Union of India – Respondent
O.A./233/2023
For the Appellants/Petitioners: B. Kamalakar Rao
For the Respondents: K. Ajay Kumar
Promotion to Principal requires strict fulfillment of 15 years TGT/PGT service including 3 years PGT; reserved category does not relax eligibility criteria.
Headnote:The applicant, a Scheduled Caste employee in Kendriya Vidyalaya Sangathan (KVS), sought regularization of 162 days absence as Child Care Leave (CCL) and consideration for promotion to Principal, claiming eligibility based on service as Trained Graduate Teacher (TGT). KVS rules require 15 years combined service as TGT and Post Graduate Teacher (PGT), including 3 years as PGT, for Principal promotion via Limited Departmental Competitive Examination (LDCE). Tribunal found absence period treated as dies non, later regularized as extraordinary leave; promotion claim rejected for lacking PGT experience. No relaxation of eligibility criteria for reserved category proven. Issues framed: Whether 162 days delay post-transfer qualifies as CCL for regularization and salary; eligibility for Principal despite no PGT service. Ratio: Absence not automatically CCL without application; promotion strictly per recruitment rules effective 01.06.2012, no entitlement without fulfilling experience in feeder cadre (PRT to TGT to PGT to Principal). Tribunal upheld departmental decisions on seniority scale and leave. OA partly allowed on leave regularization via memo dated 22.05.2024; promotion claim dismissed for ineligibility. Applicant directed to vacate accommodation; OA dismissed as devoid of merits.
| Table of Content |
|---|
| 1. applicant's service history and transfer delay claims (Para 2) |
| 2. kvs recruitment and promotion rules detailed (Para 3 , 4 , 5) |
| 3. oral arguments on leave and promotion eligibility (Para 6 , 7 , 8 , 9) |
| 4. strict principal eligibility requires pgt experience (Para 10) |
| 5. leave regularized; oa dismissed for ineligibility (Para 11 , 12 , 13) |
ORDER
(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)
By this OA, applicant sought the following relief:
“…….to direct the respondent to call for the service record and further direct the respondents to consider the case of the applicant for the post of Principal from the date of her juniors by regularizing the period of 162 days as CCL and also direct the respondents to give full salary for the aforesaid period, with all consequential benefits and pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”
2. Brief facts of the case are that the applicant who belongs to SC category, joined the service as Primary Teacher on 20.10.1992 in the respondents organization as regular employee under ‘Special Drive Category’. According to her, though she was eligible for promotion as Post Graduate Teacher in the year 2003, she was considered for promotion as TGT in 2007 only. Thus, she worked as Primary Teacher for 14 years and thereafter, from 2007 onwards, she has been working as TGT for about 16 years, but no further promotion has been given. Even, she has not been granted seniority scale for TGT grade, despite many representations.
It is further stated by the applicant that she was transferred from K.V. Ananthapur to K.V. Berhampur, BBS Region on 19.04.2021 and challenging the same, she filed OA/1343/2012 before this Tribunal, wherein, the transfer order was set aside by this Tribunal on 21.02.2013. Against the order of this Tribunal, the respondents filed WP No.6451/2013 and the Hon’ble High Court set aside order of this Tribunal vide order dated 24.04.2014. According to the applicant, there was delay of 162 days in joining the post at Berhampur and though she had 361 days of CCL to her account, the said period of 162 days was treated as dies non vide order dated 26.05.2015.
It is also the case of the applicant, on seeing the service record, she came to know that she was imposed punishment of stoppage of one increment with cumulative effect in different years, without any notice or intimation to her the main claim of the applicant in this OA is that treating her service of 162 days as dies non is illegal and the same has to be regularized against CCL, with full salary for the said period. She is also eligible for promotion as Principal, for which she made representation on 25.02.2023, but the same did not have the desired effect. Hence, the OA.
3. After Notice, respondents have appeared through their counsel and filed detailed reply opposing the relief stating that Kendriya Vidyalaya Sangathan (KVS) is an autonomous organization registered under the Societies Registration Act, 1860 fully financed by the Government of India (Ministry of Human Resources Development) with an objective to cater to the educational needs of children of transferable Central Government employees including defence personnel by providing common programme of education, to develop Vidyalayas as model institutions in the context of national role of Indian education, and to initiate and promote experimentation in the field of education in collaboration with Central Board of Secondary Education, National Council of Educational Research & Training and allied bodies to promote national integration. The respondents further contended that the applicant was appointed as Primary Teacher (PRT) in Kendriya Vidyalaya Sangathan and she joined the post on 21.10.1992. On completion of 12 years of regular service in the PRT cadre, the applicant was granted Senior Scale with effect from 21.10.2004. It is submitted as per the Seniority list of Primary Teachers, the appli
