Tribunals and CommissionsDivision Bench(2020) 11 CAT CK 0019

Dr. Lalan Kumar Jha vs Kendriya Vidyalaya Sangathan & Others

Central Administrative Tribunal · Decided on 4 November 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · Aradhana Johri, Member (A)
RESULT
Dismissed
CASE NUMBER
Original Application No. 1691 Of 2020

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Judgment

18 paragraphs · 374 words

L. Narasimha Reddy, J

1.

The applicant joined the service of Kendriya Vidyalaya Sangathan (KVS) in the year 1986 as Post Graduate Teacher (PGT). However, at that time

he did not hold the essential qualification, namely, B.Ed. A condition was stipulated that he must secure that qualification within two years. It is stated

that though the applicant took the B.Ed. examination in 1988, the results could not be declared till 22.05.1990 and that in the meanwhile, his services

were regularised w.e.f. 20.08.1988 by the 1st respondent through an order dated 20.03.1995.

2.

The applicant was selected and appointed to the post of Principal in the Delhi Administration in the year 2007. In the context of reckoning of past

service, the second respondent has taken into account, only the service from 22.05.1990, on which date the applicant passed B.Ed. examination. This

OA is filed with a prayer to direct the respondents to reckon the service from20.08.1988 and to extend other ancillary benefits.

3.

We heard Mr. Mohd. Kamil Khan, learned counsel for the applicant and Mr. S. Rajappa, learned counsel for the respondents at the stage of

admission through video conferencing.

4.

The service particulars of the applicant are not in dispute. He joined the service of the respondents on 20.08.1986 with Post Graduate degree and

without B.Ed. which is very much essential. For whatever reason, the 1st respondent has chosen to regularise the service of the applicant from

20.08.1988, the day on which he is said to have appeared in the examination. The fact however remains that he passed the B.Ed. examination only on

22.05.1990.Fairly enough, the 2nd respondent is reckoning the service of the applicant from the date on which he passed the B.Ed. examination.

5.

For a Post Graduate Teacher, which is fairly higher in the hierarchy of the 1st respondent, it is un-understandable as to how and on what basis, the

services of the applicant were regularised, even before he obtained B.Ed.degree. At any rate, from the point of 2nd respondent, it is only the service

which the applicant rendered after holding qualification, stipulated for the post.

6.

We do not find any merit in the OA and the same is, accordingly, dismissed. There shall be no order as to costs.