Central Administrative Tribunal Principal Bench, New Delhi Order reserved on : 04.02.2026 Order pronounced on: 10.03.2026 Hon’ble Mr. Chhabilendra Roul, Member (A)

Hon’ble Mr. Rajveer Singh Verma, Member (J)

1. Shri Ajay Gupta, Aged about 56 years, S/o Shri S.K. Gupta, R/o D-403 NPSC, Society Plot no.5, Sector-2, Dwarka, New Delhi-110075 Presently working as Principal Kendriya Vidyalaya Sangathan, CRPF, Rampur (UP).

2. Shri Sanjay Kumar Chohan, Aged 53 years, S/o Shri Phool Singh Chohan, Working as Principal PGT Physics in KV Jharkhand, R/o Flat no-54C Block-C6A, Janakpuri, New Delhi-110058.

...Applicants (By Advocate : Shri A.K. Pandey with Shri Mohd.

Umar Saifi)

Versus

1. Union of India through its Secretary, Ministry of Education (earlier known as Min.

Of Human Resources Development (HRD), Govt. of India, Shastri Bhawan, New Delhi-01.

2. Kendriya Vidyalaya Sangathan, Through its Commissioner, 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi.

...Respondents (By Advocate : Shri R.K. Jain)

O R D E R

By Hon’ble Mr. Rajveer Singh Verma, Member (J) :-

The brief factual matrix of the case is that the KVS invited applications for the post of Principal vide advertisement No.08 under Post Code 63 for the years 2012-13 and 2013-14, and the applicants being eligible, applied for the said post and participated in the selection process. The written examination consisted of three Parts. The applicants did not qualify Part-I paper because their mark was cut in Question No.12, which had two correct answers and the answer opted by the applicants was declared incorrect by the respondents. Aggrieved, the applicants approached the Tribunal by way of OA No.1636/2015. The said OA was dismissed on 22.02.2019. Challenging the said order dated 22.02.2019, the applicants filed a Writ Petition No.10150/2019 before the Hon’ble High Court of Delhi, which was disposed of on 17.01.2023 with the following observations :-

“4. Mr. Manish Mohan states as per his instructions, the authorities have decided to give/award one mark each to both the answers i.e. Parvati and Durga. Mr. Mohan states that based on the decision now taken by the authorities, the authorities will consider the case of the petitioners and act accordingly as per law and rules, within four weeks from today. Taking the submission made by Mr. Mohan on record, the Writ Petition is disposed of. It goes without saying that if any grievance subsist, the petitioners shall seek such remedy as available in law.”

2. In view of the above, the applicants were appointed as Principal and they joined the service of the KVS on 15.04.2023 (applicant No.1) and 13.03.2023 (applicant No.2), however, they were denied the re-fixation of pay at par with their batch mates of Examination conducted for the vacancy years 2012-13 and 2013-14 under Post Code 63 of Advertisement No.08. The applicants preferred representations dated 26.07.2023 for re-fixation of their pay and grant of seniority and other benefits, however, the same were rejected by the respondents vide common orders dated 17.10.2023 and 31.10.2023. Being aggrieved, the applicants have filed the instant OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s):-

“a) Allow the present Application;

b) pass an order thereby directing the Respondents to re-fix the pay of the Applicants w.e.f. February/March, 2015 at par with other similarly placed candidates selected directly and appointed as Principal in February/March, 2015 under post Code 63 vide advertisement No.08 for the year

2012-2013 and 2013-2014;

c) Direct the Respondents to grant seniority and release all the consequential due benefits to the Applicants w.e.f. February/March, 2015 at par with other similarly placed persons who were appointed as Principals consequent upon selection and posting on the basis of examination conducted under post Code 63 vide advertisement No.08 for the year 2012-

2013 and 2013-2014;

d) Any other relief which this Hon’ble Tribunal may deem fit