KENDRIYA VIDYALAYA SANGATHAN Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Impugned in the present proceedings at the instance of Commissioner, Kendriya Vidyalaya Sangathan, New Delhi (in short 'K.V.S.') is the order dtd. 24/4/2018 of Central Administrative Tribunal, Allahabad, bench Allahabad (in short 'Tribunal') in O.A. No.330/01233 of 2010 whereby the original application preferred by Sanjay Singh (in short 'original applicant') challenging the orders dtd. 19/8/2009 of the K.V.S. terminating the services of the original applicant as well as the order dtd. 10/11/2009 holding that the appeal preferred by the original applicant on 8/8/2009 in terms of Article 81-B read with sub-para 7 of the Education Code against the show cause memorandum dtd. 28/5/2009 does not lie, order dated 15/18/6/2010 whereby the revision preferred by the original applicant against the termination order dtd. 19/11/2008 needs no reconsideration and the order dtd. 2/7/2010 rejecting the representation of the original applicant for reconsideration of the order discharging him from service, has been allowed, all the orders impugned have been set aside and original applicant has been ordered to be reinstated back in service.

(2.) A joint statement has been made by learned counsel for the rival parties that the pleadings are complete and they do not intend to file any further affidavits and the writ petition be decided on the basis of the documents available on record. With the consent of the parties, the writ petition is being decided at the admission stage.

(3.) The case of the original applicant projected before the Tribunal was that pursuant to a recruitment exercise undertaken by the K.V.S., the original applicant after facing selection was offered appointment on the post of Work Experience Teacher in the pay scale of Rs.5500.00175-9000/- in Kendriya Vidyalaya, Dinjan, Assam on 19/11/2008. As per the offer of the appointment to the post of Work Experience Teacher, the original applicant was to report on duty by 5/12/2008. The original applicant claims to have reported for duty on 2/12/2008 and performed his duties with utmost sincerity till 12/12/2008. Since Dinjan happened to be a very cold station and the original applicant was short of warm clothes so he took permission from the Principal of the K.V.S., Assam and got his leave sanctioned w.e.f. 13/12/2008 onwards.