SHASHI PRABHA DIXIT Vs. KENDRIYA VIDYALAYA SANGTHAN

JUDGEMENT

(1.) THE present Original Application is preferred by the applicant under Section 19 of the AT Act, 1985 with the following reliefs: -

(2.) THE learned Counsel appearing on behalf of the respondents filed their reply and through reply, it is pointed out by respondents that the applicant remained absent unauthorisedly after the date of her joining at K.V. Panvel as TGT on one ground or other. When she was asked to appear before the Medical Board, she submitted her medical fitness and joined on 25.4.2003 where she worked till 2.5.2003. The applicant has also taken TA/DA advance for in service course during summer vacation but that too was not attended by her and she refunded the same. When the college got reopened on 23.6.2003, the applicant did not join and she remained absent from 23.6.2003 to 13.7.2003 unauthorisedly and joined the KV Panvel on 14.7.2003. She was informed that on account of her unauthorised absent, an action can be taken against her under Article 81(d) of the Education Code. Subsequently, she applied one day casual leave on 15.7.2003 and went to Lucknow without station leave permission. This is to be seen that since the date of her transfer to K.V. Panvel, she worked only for 11 days between 17.10.2002 to 15.7.2003. The applicant was again asked to appear before the Medical Board, but she did not do that. As such, in accordance with the Article 81(d) of the Education Code, the services of the applicant was terminated and there is a provision of appeal as provided under Article 81(d)(7) of the Education Code, but the same also not been filed where as the present O.A. is preferred by the applicant without exhausting the alternative remedy. Hence the original application is not maintainable and the same is liable to be dismissed.

(3.) THE learned Counsel appearing on behalf of the applicant has filed the rejoinder and through rejoinder, mostly the averments made in the O.A. are reiterated. It is once again vehemently argued by the learned Counsel for the applicant that in terms of the Education Code, the CCS (CCA) Rules applies to all employees of KVS and without following the due process, the service of the applicant can not be terminated. The learned Counsel for the applicant has also relied upon the decision of this Tribunal passed in O.A. No. 191 of 2007 wherein, the identical issue has been dealt with by the Tribunal.