KANTI BIRENKUMAR YADAV Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) xxx xxx xxx

(2.) The petitioner who is a Trained Graduate Teacher (Hindi) (for short TGT) at Kendriya Vidyalaya Sangathan (KVS) applied for the post of TGT (Hindi) advertised by the respondent. The petitioner was selected for the said post by the respondent and was given appointment order as TGT (Hindi) K.V.R.C., Hussainpur, Kapurthala, Punjab in Chandigarh Region and was asked to join her new assignment latest by March 31, 1998. The Assistant Commissioner of K.V.S. Chandigarh vide his letter dated 16 -4 -1998 extended the period upto 30 -4 -1998 on the request made by the petitioner for extension of the joining period making a clarification that if the petitioner did not join before the said date, her appointment would stand automatically cancelled and that no further correspondence shall be entertained. As the petitioner failed to join her duties even after the extended period, the Assistant Commissioner of K.V.S. Chandigarh Region cancelled the appointment by his order dated 1 -6 -1998. The petitioner challenged the said order before the Central Administrative Tribunal, Ahmedabad Bench (CAT).

(3.) The Tribunal upholding the preliminary objection regarding the jurisdiction of the Tribunal to entertain the O.A. raised on behalf of the respondent observed that the cause of action for filing O.A. had arisen at Chandigarh and the matter ought to have been agitated before the Chandigarh Bench since the same has not been filed before Chandigarh Bench of the Tribunal nor the permission of the Chairman obtained for filing such an O.A. before the Principal Bench on the Bench, the Tribunal lacks the jurisdiction to entertain and try this O.A. Accordingly, the Tribunal passed the impugned order.