NAVODAYA VIDYALAYA SAMITI AND ORS. Vs. M. NANDGOPAL

JUDGEMENT

(1.) By this writ petition filed under Article 226 read with Article 227 of the Constitution of India by the petitioners -Navodaya Vidyalaya Samiti and another, one of its regional authority at Shillong, who were Respondents of O.A. No. 201 of 2010, have challenge the order dated 13.09.2011 passed by the Central Administrative Tribunal, Gauhati Bench ('CAT', in short). In the aforementioned O.A. by the impugned order, the CAT allowed the original application of the sole respondent herein (applicant before the CAT) and granted him the relief which he had claimed in his original application against the writ petitioners.

(2.) The question, which arises for consideration in this writ petition, is whether CAT was justified in allowing the original application of the respondent and thereby was justified in granting him the relief claimed in the original application?

(3.) Brief fact of the case is that the respondent was initially appointed as Post Graduate Teacher ('PGT, in short) in Economics on regular basis on 18.01.1993 under the Navodaya Vidyalaya Samiti CNVS', in short). Pursuant to the advertisement for the post of Principal in NVS on direct recruitment basis, the respondent being eligible applied for the same and on being selected as such, the NVS authority by an order dated 25.04.2006 (Annexure-P-1) appointed him as a Principal in NVS initially on probation for a period of two years from the date of appointment as per Clause-2 of the said appointment order. Clause-2 of the said appointment order of the petitioner dated 25.04.2006 reads as follows: