KENDRIYA VIDYALAYA SANGATHAN Vs. POONAM TIWARI

JUDGEMENT

(1.) This petition is directed against the order dated 2. 8. 2001 passed by the learned Central Administrative Tribunal, Guwahati Bench, in Original Application No. 332 of 1999 allowing the same by setting aside the order of termination dated 15. 12. 1887 issued by the Kendriya Vidyalaya Sangathan (in short the K. V. S.) and directing the authority to re-instate the original applicant forthwith and to pay 50% of her back wages and further directing that she will be entitled to all service benefit including service seniority etc. By the said order it has been further directed to consider the leave application of the applicant as per law, for the period she was unable to attend her duty on account of Pulmonary Tuberculosis, in conformity with the CCS (Leave) Rules, 1972.

(2.) The facts in brief is that on the basis of the selection made against the temporary post of primary teacher in the K. V. S, the original applicant (respondent in the present writ petition) was appointed in the said capacity, against the temporary post, on the condition that she will be on probation for a period of two years, which may be extended and upon successful completion of the probation she will be confirmed, in her turn, according to the availability of permanent vacancies. A further condition was also imposed to the effect that during probation and thereafter until she is confirmed, the service of the appointee is terminable by giving one month notice, by either side, without showing any reason therefor and reserving the right of the appointing authority to terminate the service of the appointee before expiry of the stipulated period of notice by making payment of equivalent pay and allowances for the period of notice or the unexpired portion thereof.

(3.) We have heard Mr. K. N. Choudhury, learned senior counsel for the appellant, K. V. S, as well as Mr. A. K. Goswami, learned senior counsel appearing on behalf of the respondents. No service record, except copies of the documents filed in the Original Application before the learned Tribunal and before this Court along with writ petition, could be produced by the appellant before this Court on the ground that the same could not be traced out. An affidavit dated 8. 9. 2006 has been filed by the Assistent Commissioner, K. V. S in that regard.