(Reserved on 27.08.2025)

Central Administrative Tribunal, Allahabad Bench, Allahabad This the _23^rd day of _September_2025 Hon’ble Mr. Mohan Pyare, Member (A)

Hon’ble Mr. Rajnish Kumar Rai, Member (J)

Original Application No. 139 of 2017 (U/S 19, Administrative Tribunal Act, 1985)

Birendra Prasad Chaubey aged about 61 years S/O Late Ram Surat Chaubey, R/O C-17, J.P. Colony, Mandar Mod District-

Allahabad Pin-211011.

……….. Applicant.

By Advocate: Shri Shachindra Mishra.

Versus

1. Union Of India through its Secretary Ministry of Human Resource Development New Delhi.

2. Commissioner Kendriya Vidyalaya Sangathan, 18, Institutional area, Shaheed Jeet Singh Marg, New Delhi-

110016.

3. Departmental Promotion Committee through its chairman, KendriyaVidalay Sangathan, 18, Instituonal area, Shaheed jeet Singh Marg New Delhi-110016.

4. Deputy Commissioner (Admn) KendriyaVidalay Sangathan, 18, Instituonal area, Shaheed jeet Singh Marg New Delhi-

110016.

……….. Respondents By Advocate: Shri D.P. Singh.

Order By Hon’ble Mr. Rajnish Kumar Rai, Member (Judicial)

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking grant of the selection scale w.e.f. 06.09.2010, along with consequential benefits and costs, on account of alleged denial despite fulfillment of eligibility criteria. The applicant seeks the following reliefs:-

“a) To direct to the respondent No 2&3 to provide the selection scale to the applicant from due date as

06.09.2010;

b) To issue any other order or direction as this Hon'ble Tribunal may think just and proper in the interest of justice under the facts and circumstances of the case; and c) To award the cost of the Application in favour of the Applicant who have been forced to come before this Hon'ble Tribunal in the fourth round of unnecessary litigation.”

2. The brief facts of the case are that the applicant was appointed as Trained Graduate Teacher (Sanskrit) under Kendriya Vidyalaya Sangathan on 06.09.1986, having possessed all requisite qualifications including B.Ed. and M.A. in Ancient History and Culture. Upon completion of 12 years of satisfactory service, he was granted senior scale w.e.f. 06.09.1998 in the pay scale of ₹6500–200–10,500. Having rendered another 12 years of continuous and unblemished service thereafter, the applicant became entitled to the selection scale w.e.f. 06.09.2010 in the pay band ₹15600–39100 with grade pay ₹5400, as per applicable Government Orders and policy directions. His Annual Confidential Reports from 2005–06 till retirement on 30.09.2015 were consistently marked “Good,” with no adverse entries or penalties. Despite repeated representations dated 24.07.2015 and 09.01.2016, the respondents failed to pass any reasoned or speaking order. The post of PGT (Sanskrit) does not exist in KVS, rendering the TGT (Sanskrit) stream non-promotional. In analogous cases involving non-promotional posts such as Librarian, TGT–AE, and Yoga Teacher, the selection scale has been granted irrespective of PG qualification. Being aggrieved by the inaction of the respondents and the arbitrary denial of the selection scale despite fulfilling all eligibility conditions, the applicant has filed this Original Application before this Tribunal seeking appropriate reliefs.

3. Learned counsel for the applicant submitted that despite the applicant having rendered 12 years of satisfactory service after being granted senior scale on 06.09.1998, and despite his consistent “Good” grading in ACRs with no adverse entries, the respondents failed to grant the selection scale w.e.f. 06.09.2010. It was further submitted that the post of PGT (Sanskrit) does not exist in Kendriya Vidyalaya Sangathan, rendering the TGT (Sanskrit) stream non-promotional. In analogous cases such as Librarian, TGT– AE, and Yoga Teacher, the selection scale has been granted irrespective of PG qualification. The applicant’s representations were neither decided nor rejected by any speaking order, and the Departmental Prom