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.) PURSUANT to such order of appointment, the original applicant/ respondent joined her services on 1. 8. 1984 in Kendriya Vidyalaya, CRPF. Thereafter on the basis of the application filed by her, extra ordinary leave of 91 (ninety one) days from 20. 8. 1985 to 20. 11. 1985 was granted. On 18. 6. 1986 she sent another leave application to the Principal of Kendriya Vidyalaya along with a medical certificate seeking leave from 18. 6. 1986 to 17. 7. 1986, but as the medical certificate was not issued by the authorized medical officer attending her, she same was not considered and she was directed to join on or before 21. 7. 1986. As she did not join her duty, the authority gave another chance to join by 21. 8. 2006 by issuing memorandum dated 1. 8. 1986. In spite of such direction issued by the Assistant Commissioner, K. V. S, the original applicant/ respondent did not join her service, for which the Assistant Commissioner, K. V. S again on 17. 10. 1986 directed to her to join her duties within 10 (ten) days, intimating that in case of her failure to do so necessary action would be taken against her. The respondent thereafter on 10. 11. 1986 sent an application for granting maternity leave from 23. 6. 1986 to 20. 9. 1986 and the competent authority vide order dated 24. 12. 1986 granted the maternity leave for the said period. The respondent again on 26. 12. 1986 submitted another leave application seeking leave on medical ground for the period from 22. 9. 1986 to 20. 11. 1986 and again for the period from 21. 11. 1986 to 16. 2. 1987 vide application dated 29. 12. 1986 on the ground that she was suffering from Pulmonary Kocks. Vide another leave application dated 4. 7. 1987 further leave up to December 1987 was sought. The appellant thereafter vide order dated 15. 12. 1987 terminated her service by invoking clause 5 of the terms of appointment contained in the order of appointment dated 12. 7. 1984. A departmental appeal was preferred by the respondents on 1. 6. 1988 before the Commissioner, K. V. S, which was rejected vide order dated 31. 3. 1989. The said order of termination has been chalenged before the learned Tribunal, as discussed above. Hence the present writ petition.