AJAY KUMAR ACHARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, petitioner seeks to impugn orders passed by the Central Administrative Tribunal in O.A. No.1342/01 and dated 20.3.2003 in the review application No.82/03. Petitioner also prays for setting aside the order passed by the respondent, Kendriya Vidyala Sangathan terminating his services.

(2.) Facts in brief are:- Petitioner was appointed as a Primary Teacher in Kendriya Vidyalaya Sangathan w.e.f. 28.7.1981. He completed his period of probation and was appointed as a Primary Teacher by the Kendriya Vidyalaya, Regional Office, Jaipur in substantive capacity vide order dated 15.5.1990.

(3.) The petitioner was transferred from Kendriya Vidyalaya, Refinery Nagar, Mathura to Kendriya Vidyalaya, Mathura Cant, Mathura vide order dated 27.10.1997. The petitioner states that before he could join his duties at Kendriya Vidyalaya, Mathura Cant, Mathura, he became ill and had to seek leave on medical grounds and therefore could not join duty at the new posting. He states that after some time the Principal of Kendriya Vidyalaya, Refinery Nagar, Mathura refused to entertain his leave applications and therefore he sent those applications supported by medical certificate to Assistant Commissioner, Kendriya Vidyalaya Sangathan, Gwalior and Lucknow. He states that the respondent did not, however, issue any direction to him to appear before a Medical Board and did not even respond to his applications seeking leave of absence on medical grounds.