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Judgment
O R D E R
PRAMOD KUMAR DAS, MEMBER (A):
The prayer of the applicant, in this OA filed on 04.10.2015, is to quash the order dated 22.04.2015 wherein and whereunder his prayer to grant him higher scale under Selection Scale w.e.f. 22.03.2007 on the ground that he does not fulfil the conditions stipulated in the Rules and to direct the Respondents to grant him selection scale w.e.f. 22.03.2007 (i.e. on completion of 12 years in senior scale) with all consequential service benefits. He has also prayed for a direction to pay him all the arrears with 12% per annum within a stipulated period.
The grounds based on which he has sought the relief (OA, rejoinder and note of submissions) is that he was granted Senior scale w.e.f. 22.03.1995 i.e. on completion of 12 years of service and, thus, after completion of 12 years therefrom, in terms of the conditions stipulated in para 2(b), para 3 (v) of circular dated 12.08.1987, he was entitled to senior scale with effect from 22.03.2007 since the feeder post of PGT Hindi is TGT Sanskrit and the applicant fulfilled the qualification prescribed for PGT Hindi and he has acquired the qualification of PGT Hindi. It is averred that he is a TGT (Sanskrit). There is no post of PGT (Sanskrit) and, in such a situation, the applicant was eligible for the post of PGT, Hindi. But without due application of mind, the Respondent-KVS denied him the Selection Scale on the ground that the applicant did not have higher qualification in the same subject for promotion to PGT. Further it is averred that one Sri Binayak Mishra, TGT Sanskrit was promoted to PGT (English). The TGT English is the feeder post of PGT (English) whereas, the applicant was denied Selection Scale; though teachers of TGT (Sanskrit) are allotted to teach Hindi. Accordingly, it is averred that there was gross miscarriage of justice caused to the applicant in the decision making process of the matter which needs rectification/removal by way of granting the relief claimed in this Original Application.
Respondents filed counter and reply to the rejoinder so also note of submissions contesting the case of the Applicant, the reasons ascribed therein, have been reiterated by the learned counsel appearing for the Respondents which are summarized as under.
The provisions of Senior/Selection Scale for the Teachers have been introduced w.e.f. 01.01.1986 on the recommendations of the IV Pay Commission and in accordance with the instructions contained in the MHRD Circular No. F.5-180/86-4T-1 dated 12.08.1987 according to which the following are the criteria for grant of Selection Scale :-
The Teachers are entitled for grant of Senior Scale on completion of 12 years service, the entry scale and Selection Scale is granted on completion of 12 years Service in the Senior Scale.
The number of posts in the Selection Scale to teachers will be restricted to 20% of the number of posts in the Senior Scale of Respective Cadre.
The Senior Scale and Selection Scale will be given after screening regarding their satisfactory performance by an appropriate Departmental Promotion Committee.
Every teacher would be required to participate in an in- service training programme of at least three weeks duration before he/she promoted to Sr. Scale and Selection Scale i.e. once in every six years.
For the purpose of grant of Selection Scale the Primary Teachers and Trained Graduate Teachers will be required to obtain Higher Qualification.
The conditions of higher qualification for Selection Scale is waived off for Misc. Categories of Teachers.
The Selection Scale is granted on the Recommendation of Department Promotion Committee in accordance with the instructions issued by Govt. of India, Ministry of HRD, Department of Education, New Delhi vide their Letter No. F.5-180/86-UT-1 dated 12.08.1987, 03.11.1987, 02.08.2000 & 03.03.2009. As per the instructions/clarifications given in MHRD Letter No. E.3(1)-14/97-UT-2 dtd.02.08.2000- "Attainment of qualification laid down for next higher post i.e. for PRTS qualification prescribed for the TGT Post and for TGTS qualification prescribed for PGT Post." Further it is stated on this point that- "Whether the TGTs who do not possess the Post Graduation Qualification in the subject of their Present Post are eligible for the grant of Selection Scale as in the case of one TGT (Maths) who has done his Post Graduation in Economics and not in Maths "it has again been clarified by the M/HRD vide their Order dtd.03.03.2009-"Acquiring Higher Qualification is a pre-requisite for grant of Higher Scale under Selection Scale, it has been decided by the Competent Authority not to allow the teachers to acquired higher qualification in different subject for getting promotion to higher post." Accordingly those TGTs who do not possess the Post Graduation Qualification in the subject of their present post are not eligible for grant of Selection Scale.
c). The Ministry of HRD vide their letter dtd.24.05.2011 has conveyed that the Govt. has decided to grant Senior Scale and Selection Scale to the Miscellaneous Category of Teachers of KVS without insisting on higher qualifications and other terms and conditions of granting Selection Scale will remain unchanged. The condition of higher qualification for Selection Scale is waived off only for Misc. Categories of Teachers not for PGTS, TGTs and also TGTS who do not possess the Post Graduation Qualification in the subject of their present Post are not eligible for grant of Selection Scale and moreover by knowing all those facts the applicant has filed the O.A. just to mislead and misdirect to this Tribunal which is not at all acceptable under law.
KVS Authority only permits their teachers/employees to take higher studies as per their own interest and KVS Authority cannot deny their teachers/employees to improve their educational/ academic qualification. Further KVS did not depute any teachers/ employees to take higher studies to get their promotional/selection scale benefits hence the allegations of the applicant are bad, baseless and cannot sustain in the eye of law.
DPC held by the Respondents but the case of the applicant was not considered as he was not having the higher qualification in the same subject along with others for promotion to PGT. In terms of instruction contained at Para-4 of letter dtd.03.11.1987 and at Para-2 of clarification given vide letter dtd.02.08.2000, relaxation of requirement of acquiring the qualification for the next higher grade for grant of selection scale was a onetime relaxation to those teachers who have already completed 18 years of service on or before 01.01.1986 i.e. the date of introduction of three time pay scale for which it is clear that the applicant was not eligible under the aforesaid clause because he has not completed 18 years of service on or before 01.01.1986.
As per clarification received from M/HRD and circulated vide KVS (Hqrs.) Letter No. F.18/3/92-KVS (Admn.). Vol.11/228, dtd.25/26.03.2009, acquiring Higher Qualification is a pre-requisite qualification/condition for grant of higher scale under ACP/ Selection Scale. However, it has been decided by the Competent Authority not to allow the teachers to acquire higher qualification in different subject for getting promotion to the higher post, therefore, those TGTs who do not possess the Post Graduation Qualification in the subject of their present Post are not eligible for grant of Selection Scale.
The applicant was well aware that there is no PGT Post in Sanskrit at the time of initial appointment and he had accepted the Post and the person who are joined TGT (Sans.) has to retire in the same post but the Applicant was getting higher pay. Further the applicant has no Higher Qualification (P.G.) in the assigned subject i.e. Sanskrit and the Kendriya Vidyalaya Sangathan is headed by the Commissioner and the Board of Governors consisting of eminent educationists and administrators from all over the country formulate the Policies and takes the decision of KVS. The applicant in this OA did not challenge the said policy in this OA.
The Selection Scale was not sanctioned to Sri Binayak Mishra TGT (SKT.). Hence, the Selection Scale is sanctioned/rejected on the basis of clarification issued by Ministry of HRD on the issue of grant of Selection Scale to TGTs. Therefore, the decision of Departmental Promotion Committee is correct and sustainable in the eye of law.
The DPC rightly assessed that the applicant was not eligible for grant of Selection Scale as the applicant did not have Higher Qualification in the same subject (i.e. in Sanskrit).
It is submitted that the Applicant was well aware of the above position for which he did not challenge for not granting him the selection scale in the year 2012 and only after his retirement from service on 31.05.2015 he has filed this OA in the year 2015. Hence, it is submitted that this OA is liable to be dismissed both on facts so also delay and laches.
After giving due consideration to the arguments advanced by the parties, we have perused the pleads made in OA, rejoinder, note of submission and documents filed in support thereof vis-à-vis the counter, reply to rejoinder and the note of submissions accompanied with documents of the Respondents. We do not feel it necessary to go deep into this matter because it has been noticed that similar matter came up before this Tribunal in OA No.685/2016 wherein the applicant was working as TGT having B.Com degree but without Hindi/Skt/Hindi subject as elective or required subject combination for TGT (SST/Maths/Sc). In the said case, the relief was sought by the applicant based on the same circulars as has been relied in the present case. This Tribunal after taking note of all the facts finally dismissed the OA vide order dated 29.11.2023. Relevant portion of the order is extracted below:
“6.Applicant except claiming that he had completed 21 days in-service course on different dates during the preceding 6 years and fulfils the condition of higher qualification for the post of TGT, has not produced any document to show that he, actually, is fulfilling the condition of higher qualification for the post of TGT, i.e. Graduation (B.A.) with required subject combination. It is seen from the record that as per amendments in KVS (Appointment, Promotion, Seniority etc.) Rules, 1971, effective from 01.08.2008, there is no such provision that B.Com without Hindi/Skt/Hindi subject as elective or required subject combination for TGT (SST/Maths/Sc.) can be considered for appointment as TGT. It is also seen from letter dated 23.02.2016 (Annexure-A/4) that the applicant is having B.Com. Degree in Graduation Level with Economics, Commerce and AAA as the subjects and the applicant has failed to produce any document to justify that with these documents also he is eligible for the Selection Scale in the scale of pay of Rs. 9300-34,800/- with GP-4800/. The applicant is a Commerce Graduate and Post Graduate in Commerce without having subject combination of (S.St./Math/Sc./Hindi/ Sanskrit) in Degree Level for appointment of TGT as per Recruitment Rules of KVS, which obviously makes him ineligible for granting him Selection Scale in the scale of pay of Rs. 9300-34,800/- with GP-4800/-. In such a scenario, this Tribunal finds no justification in interfering in this OA. 7. In the result, the OA stands dismissed leaving the parties to bear their own costs.”
On examination of the facts of the said case vis-à-vis the present one, we do not see any justifiable reason to different from the principle/view taken therein.
In the aforesaid circumstances this OA is also held to be without any merit and is, accordingly, dismissed by leaving the parties to bear their own costs.