SHANKER SHARMA Vs. KENDRIYA VIDYALAYA SANGATHAN & ORS

JUDGEMENT

(1.) The petitioner Mr. Shanker Sharma claims that he is entitled to re-appointment as LDC in Kendriya Vidyalaya Sangathan in view of the policy decision dated 24 th February, 2005. It is submitted that the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal, for short) by the impugned order dated 19 th October, 2010 has failed to properly apply the circular and has wrongly denied benefit of the same.

(2.) The petitioner was transferred to from New Delhi to Uri vide order dated 29.12.2000. He did not join the post after transfer and was removed from service vide order dated 30.4.2001 by invoking provisions contained in Article 81(d) of the Education Code. The said order of removal was upheld in appeal and revision. OA No.1293/2001 filed by the petitioner was dismissed vide Order dated 26.9.2002. Review application was also dismissed by the Tribunal vide order dated 4.12.2002. The petitioner preferred a writ petition but without success. The removal order therefore attained finality.

(3.) On 24 th February, 2005 the respondents issued a circular for re-engagement/reinstatement of 249 teachers whose cases were recommended for sympathetic consideration by the Amnesty Committee. These cases of reinstatement were to be processed as per the rules, as per the CCS Pension Rules or 81(d)(7) of the Education Code as appropriate. A similar exercise was to be done for non-teaching staff and completed by 1 st May, 2005.