ASSISTANT COMMISSIONER Vs. T K KRISHNA KUMAR

JUDGEMENT

(1.) AGGRIEVED by the order of the Central Administrative Tribunal, Chennai dated 6-3-2002 passed in O. A. No. 223/2001, Kendriya Vidyalaya Sangathan, Chennai has filed the above writ petition.

(2.) ACCORDING to the petitioners, the first respondent herein, namely, T. S. Krishna Kumar was appointed as a Primary Teacher on 6-8-88 at K. V. Kalpakkam. At the time of his appointment, he had stated his qualification to be B. A. , B. Ed. After serving for 3 years in the said school, he was transferred to K. V. II Tambaram where he worked for 5 years and later transferred to K. V. II Sadras. K. V. Sangathan being an autonomous body registered under the Societies Registration Act, 1860 is financed by the Government of India through the Ministry of HRD (Department of education ). The staff of Kendriya Vidyalaya Sangathan are governed by the rules framed by the Board of Governors in terms of the policies laid down by the government of India. The Government of India , Ministry of HRD Department of Education introduced a three tier system of scales to all the teachers. ACCORDING to the Scheme, all the teachers in the K. V. Sangathan who have completed service of 12 years in the ordinary scale would be eligible for senior scale subject to certain conditions and assessment by DPC. The standard of assessment for appointment to the Senior scale is based on the ACRs of the teachers in the Sangathan for the last 5 years on the basis of "rejection of Unfit". The Kendriya Vidyalaya Sangathan had circulated a list of fake universities in their letter dated 20-9-96. As per the said letter, the teachers including the first respondent were directed to produce original certificates, but the first respondent evaded production of his certificates. The Department on verification of the first respondent's service records, found that the first respondent had obtained his B. Ed. , Degree from the self-styled Mythili University ,V New Delhi . Though he had completed 12 years of service, his appointment to the senior scale was not considered and the first respondent's fitness per se to hold the post of PRT is also doubtful. The first respondent filed O. A. No. 223/2001 before the Central Administrative Tribunal. The Tribunal, by the impugned order, issued certain directions. Though the Kendriya Vidyalaya Sangathan is permitted to examine the genuineness of B. Ed. , Degree certificate produced, directed to consider the possibility of granting senior scale from the date when his immediate junior has been granted the said benefit because the applicant is also discharging the same duty as has been discharged by his juniors. Questioning the direction in clause (b), namely, granting senior scale, the kendriya Vidyalaya Sangathan has filed the above writ petition.