LAWS(DLH)-2021-3-82

KENDRIYA VIDYALAYA SANGATHAN Vs. MANJU SAHGEL

Decided On March 12, 2021
KENDRIYA VIDYALAYA SANGATHAN Appellant
V/S
Manju Sahgel Respondents

JUDGEMENT

(1.) Both the present writ petitions raise similar questions of fact and law and are therefore being disposed of together by this common judgment. The petitions assail orders passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi.

(2.) Writ Petition (Civil) 7712/2020 impugns the order dated 26th September, 2019 in OA No. 2743/2018; and Writ Petition (Civil) 9851/2020 impugns the order dated 28th February 2020 in OA No. 1398/2019. Vide both the impugned orders, the CAT allowed the OA filed by the respondents herein and have directed that the benefit of the GPF cum pension scheme be extended to them. Respondents were directed to refund the employers' contribution along with interest and any other funds received by them under Contributory Provident Fund (CPF) scheme, which are to be refunded as per the scheme of the respondent organization.

(3.) Respondent joined Kendriya Vidayalaya Sangathan (KVS) as Primary Teacher on 19th March, 1979. Subsequently, respondent was appointed to the post of Post Graduate Teacher (PGT) on direct recruitment basis on 5th January, 1986 and thereafter, as Principal on direct recruitment basis on 1st July, 2002. The respondent retired on attainting age of superannuation as the Principal on 30th November, 2007. Thereafter, on 26th June, 2018 the respondent submitted a representation dated 26th June, 2017 for converting the respondent from CPF scheme to GPF cum pension scheme. The relief not being granted, the respondent filed OA No. 2742/2018 before the CAT, which was allowed by the CAT vide the impugned order dated 26th September, 2019.