Mani Bhushan Kumar Singh vs The Union Of India & Ors.

(Per: HONOURABLE MR. JUSTICE SOURENDRA PANDEY)

Date : 18-08-2026 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.

The writ application has been filed for quashing the order dated 15.04.2026 passed by the learned Central Administrative Tribunal, Patna Bench (hereinafter referred to as the ‘Ld. CAT Patna’) in OA No. 050/00534/2024 whereby the Original application filed by the petitioner has been dismissed and for further quashing the order dated 23.11.2023 (Ref.11058/2023/TGT-EnglishCH.WE/KVS/MU/VPW/3371-96) issued by the respondent authorities, whereby the petitioner has been denied the grant of Selection Grade. It has been also prayed that the respondents be directed to grant Selection Grade to the petitioner w.e.f. the year 2017 with all consequential benefits including arrears. Further, directions have been sought against the respondents to extend Central Government Health Scheme (hereinafter referred to as ‘CGHS’) facilities to the petitioner in terms of the Ministry of Education letter dated 13.03.2019 read with the Ministry of Health & Family Welfare O.M. dated 06.03.2019.

Shorn of unnecessary details, the brief facts of the case, as per the applicant/writ petitioner, is that the petitioner was initially appointed as Primary Teacher (PRT) on 09.02.1989 at Kendriya Vidyalaya (herein after referred to as ‘KV’), ONGC, Jorhat Assam, thereafter he was selected as T.G.T. (English) under Kendriya Vidyalaya Sanghthan (herein after referred to as ‘KVS’), Kolkata and joined K.V., NTPC Farakka on 23.09.1993. Upon completion of 12 years of service the petitioner was granted senior scale on 23.09.2005 and upon completion of 24 years of service as TGT, the petitioner is stated to have become entitled for Selection scale in the month of September, 2017, however, no action was taken by respondents during his service tenure. The petitioner completed the mandatory In-service Course for TGT (English) during academic session 2012-13 at KV, AFS, Darbhanga in two spells from 10.06.2012 to 21.06.2012 and from 27.12.2012 to 05.01.2013. The case of the petitioner was considered for the first time only after his retirement on 31.03.2023, when he was asked to furnish details for promotion to selection scale, however his claim was rejected by an order dated 23.11.2023, as found by the DPC. The challenge to the said order of rejection of claim of selection scale was made before the Ld. CAT, Patna however, the OA No.050/00534/2024 too had stood dismissed by an order dated 15.04.2026.

Assailing the impugned order dated 15.04.2026 passed by the learned CAT Patna, the learned counsel has submitted that the petitioner completed the mandatory In-service Course for TGT (English) during academic session 2012-13 at KV, AFS, Darbhanga in two spells from 10.06.2012 to 21.06.2012 and from 27.12.2012 to 05.01.2013 and received the certificates. It is next submitted that petitioner’s case was considered after his retirement by the Departmental Promotion Committee (DPC) in the year 2023, which rejected his claim for Selection scale and the same was communicated to the petitioner vide order dated 23.11.2023, wherein it was stated that since the petitioner had not completed 21 days’ in-service training course during the preceding 6 years, he is not eligible for grant of selection scale.

It is the case of the petitioner that he had sought information under RTI Act regarding facilities available to retired KV employees and it was informed that as per Ministry of Education letter dated 13.03.2019 (Letter No. F.3-5/2011- UT-2), CGHS facilities have been extended to retired employees of KVS, however, the petitioner has to apply for renewal of CGHS medical card every year and cashless treatment at empanelled hospitals is not available. Thus, it is submitted that it is a discriminatory policy as Central/Air India employees can avail life long schemes but the same is denied to KVS employees. It is further submitted that petitioner submitted representation on 14.02.2024 before Commissioner, KVS Headquarters seeking the said CGHS facility after retirement but the same has not been extended till date. It is lastly submitted that by the impugned order, Ld. CAT Patna has failed to appreciate that In-service course is conducted in two spells- one during summer session and the other during winter session and its completion fulfils prescribed training requirements as the petitioner participated in and completed the in-service course for a total of 21 days in two phases at KV No.1-Darbhanga and was entitled to be considered for promotion, which fell due in the year 2017 and therefore the in-service course, completed in the year 2012-13, was within the 6 years limit, valid up to 2019. It has thus been submitted that the documents and materials brought before the Ld. CAT, Patna was not duly considered and has thus led to an erroneous consideration.

Per contra, the learned counsel for respondents, referring to the written statement filed before the Ld. CAT Patna, submitted that Respondent no. 2 being Secretary of the Higher Education, Human Resources Development, Government of India has wrongly been made a party to the proceedings. It has been submitted that policy decisions of KVS are taken by the Board of Governors and service conditions of KVS employees are governed by the education code of KV which is in vogue. The commissioner of KVS is the chief administrator and chief executive to implement the policies that are approved by the board of governors and in fact, recurring and non-recurring expenditures are fully financed by the Government of India. It has next been submitted that the list of selection scale of TGT in the Pay Band of pay scale of 7500-250-12000 (Pay Band III) Rs. 15,600-39,100 with G.P 5400 (as per 6th CPC) and Level-10 as per 7th CPC, was issued by KVS vide order dated 23.11.2023 as per the seniority number as on 01.01.2016 wherein the applicant's name appeared at Sl.No. 1834 in the seniority list as on 01.01.2001. The learned counsel also submits that the basic conditions required for sanction of selection scale are 24 years of service in the cadre, attending 21days' in-service course during the preceding 6 years before the date on which selection scale is granted prior to coming into 20% limit of zone of consideration and also subject to required higher qualification and benchmark in the ACRs, which is clear from the Letter no. F.5-180/86-UT-I dated 12.08.1987 issued by the Ministry of Education, as contained in Annexure - R/1 of the written statement. It is lastly submitted that petitioner was considered for grant of selection scale by the Departmental Promotion Committee (DPC) held on 02.11.2023 for the vacancy year 2021 as per the 20% limit of the vacancy, however the same did not find favour with the authorities as the petitioner had not attended the 21days in-service course during the preceding 6 years for the vacancy year 2021 i.e. in-between 2015-2020 and therefore the petitioner was declared unfit by the DPC for grant of Selection scale.

Upon hearing the learned counsels for the parties and on perusal of the materials available on record, we find that petitioner has based his claim on the fact that he has completed the in-service course in two phases in the year 2012-13 and since his promotion fell due in the year 2017 and his in-service training was valid up to 2019, therefore his candidature for promotion should have been considered by the DPC.

We have noticed that the petitioner completed the said in-service course in the session 2012-13 which was valid up to 2019, however the vacancy for promotion accrued only in the year 2021, hence the case of the petitioner was being considered by the DPC in the year 2023 as per the list of selection scale of TGT, in which the petitioner figured at Sl. No. 1834 as per the seniority list. There is not an iota of doubt that the vacancy having fallen in the year 2021, the last 6 preceding years shall be considered to be in-between 2015-16 to 2020-21. The admitted fact, as stated above, is that the petitioner had completed his in-service course in the year 2012-13, which was prior to the last 6 preceding years for the vacancy year i.e. 2021.

Though the petitioner had agitated before the Ld. CAT, Patna that he was being discriminated qua the similarly situated persons, who have been granted such benefit, however the writ petitioner has not raised any such grievance before this Court, nonetheless we find that it has been observed correctly by the Ld. CAT, Patna that the petitioner has not brought on record any order to show that similarly situated persons as the petitioner have been granted Selection scale.

As far as the claim for CGHS card is concerned the petitioner has been granted liberty to submit his representation before an appropriate authority, who shall take a decision as per established law/rules/procedure and therefore, we do not find any illegality in such finding especially for the reason reason that the learned CAT Patna has noted that the applicant/writ petitioner has not made any effort for the same.

In view of the discussions made herein above and for the foregoing reasons, we find that the impugned Order dated 15.04.2026, passed by the Ld. CAT, Patna in OA No. 050/00534/2024 does not warrant any interference by this court, hence the writ petition stands dismissed.