CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 4999/2024 Reserved on: 17.11.2025.

Pronounced on: 26.11.2025.

Hon’ble Mr. R. N. Singh, Member (J)

Hon’ble Mr.RajinderKashyap, Member (A)

Dr. Nishu, Aged 39 Years, S/o Sh. Anil Kumar, Working as PGT (Geography) in KVS Permanent residence of A-23 A, 3rd Floor, Shishram Park, Uttam Nagar, New Delhi-59 … Applicant (By Advocate: Mr. Yogesh Sharma)

Versus

1. Kendriya Vidyalaya Sangathan through The Commissioner, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi. -16

2. The Deputy Commissioner (Admn.) Kendriya Vidyalaya Sangathan through

18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi.-16 … Respondents (By Advocate: Mr. N. K. Bhatnagar)

O R D E R

Hon’ble Mr. RajinderKashyap, Member (A): -

By way of the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs: -

“(i) That the Hon’ble Tribunal may graciously be pleased to pass an order of against the order dated 10.07.2024 (Annex.A/1) declaring to the effect that the same is illegal, arbitrary and discriminatory and consequently, pass an order directing the respondents in Kendriya Vidyalaya Sangathan from 21.06.2018 to 31.01.2024 for all purpose including pay fixation/protection with all the consequential benefits including arrears of difference of pay and allowances.

(ii) Any other relief which the Hon’ble Tribunal deem it and proper may also be granted to the applicants along with the costs of litigation.”

FACTS OF THE CASE

2. As stated by the applicant, he was initially appointed in the Kendriya Vidyalaya Sangathan (KVS) to the post of PGT (Geography) on 21.06.2018 under a Special Recruitment Drive for the North-East Region. In the year 2022, respondent No. 1 issued a notification inviting applications for various teaching posts, including PGT (Geography), through an advertisement published on the KVS website on 02.12.2022. It is relevant to note that although the applicant was already serving as PGT (Geography) in KVS, his appointment was strictly limited to the North-East Region, and no provision existed for transfer to other regions. Therefore, the applicant applied afresh for the post of PGT (Geography) in the 2023 recruitment cycle.

2.1 After qualifying the selection process, an offer of appointment was issued to the applicant for the post of PGT (Geography) vide NEETUK DigVitalSly s ignMed emorandum dated 28.10.2023. It is pertinent to mention that the applicant applied for the post advertised on 02.12.2022 through the proper channel and had sought prior permission, which was granted on his representation dated 12.12.2022.

2.2 Following his selection, the Competent Authority issued a No Objection Certificate (NOC) for his fresh appointment vide certificates dated 02.05.2023 and 20.11.2023 (Annexure A/4). Upon receipt of the appointment order, the applicant tendered his technical resignation vide representation dated 17.01.2024, which was duly forwarded to the Competent Authority, i.e., the Principal, through forwarding letter dated 17.01.2024 (Annexure A/5). The Competent Authority accepted the technical resignation on 29.01.2024, effective from 31.01.2024, and the applicant was relieved from the Regional Office, Guwahati, on 31.01.2024 (Annexure A/6). It is relevant to note that the CCS (Leave) Rules, 1972, CCS (Pension) Rules, 1972, and FR&SR are applicable to KVS employees.

2.3 The respondents’ failure to count the applicant’s previous service within the same department and to grant pay protection upon fresh appointment is illegal, arbitrary, and contrary to applicable rules. Hence, the present O.A. has been filed seeking the reliefs prayed for.

3. Pursuant to notice issued by this Tribunal, the respondents have filed their counter reply to which the applicant has also filed his rejoinder.

CONTENTIONS OF THE APPLICANT

4. Learned counsel for the applicant contended that the impugned order is both factually perverse and legally unsustain