COMMISSIONER KENDRIYA VIDYALAYA SANGATHAN Vs. NEEHARIKA

JUDGEMENT

(1.) The present writ petition under Article 226 and 227 of the Constitution of India seeks to assail the order dtd. 15/12/2022 passed by the learned Central Administrative Tribunal (Tribunal) in O.A. No. 2729/2019. Vide the impugned order, the learned Tribunal by relying on the order dtd. 3/8/2018 in O.A. No.2943/2017, titled J D Gupta vs The Chief Secretary, Govt. Of NCT of Delhi and Ors. has allowed the original application preferred by the respondent wherein she had sought re-fixation of her pension at par with the pension granted to the applicants in the aforesaid OA.

(2.) At the outset, it may be noted that though the order passed in J D Gupta (supra), was assailed before this Court by way of W.P.(C) 2255/2019, the said challenge was subsequently rejected. Consequently, upon dismissal of the aforesaid writ petition on 23/4/2019, the Tribunal's order passed in J.D Gupta (supra) wherein the OM issued by the DoPT on 11/2/2009 was quashed, has attained finality.

(3.) Learned counsel for the petitioner, while not denying that the pay scales in the petitioner organisation are based on the pay scales applicable to Central Government employees, submits that the learned Tribunal failed to appreciate that the decision in J D Gupta (supra) pertained to an employee of the Delhi Government and was, therefore, not automatically applicable to the petitioner organisation. He further submits that the respondent having approached the Tribunal after an inordinate delay to assail the DoPT"S OM dtd. 11/2/2009, her OA ought to have been rejected on the ground of delay itself.