KENDRIYA VIDYALAYA SANGATHAN Vs. KISHAN CHAND

JUDGEMENT

(1.) Challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter to be referred as 'the Tribunal') on 02.08.2010 (Annexure P-5) whereby an Original Application filed by respondent No. 1 (hereinafter to be referred as 'the applicant') was allowed and the respondents in Original Application were directed to consider/examine the applicant's entitlement for pension.

(2.) The facts which are not in dispute are that Navodaya Vidyalaya Samiti (NVS) and Kendriya Vidyalaya Sangathan (KVS) both are the Societies registered under the Societies Registration Act, 1860 under the aegis of Ministry of Human Resources and Development, Government of India. The applicant was a Post Graduate Teacher (Physics) with NVS w.e.f. 31.12.1990 to 02.09.1993. On 03.09.1993, the applicant joined as Principal under KVS. He attained the age of superannuation on 31.10.2000.

(3.) The claim of the applicant before the Tribunal was that the services rendered by him with NVS should be counted for the payment of pension and death-cum-retirement gratuity. The Tribunal directed that such service be counted for pensionary benefits while declining the benefit of payment of gratuity for the period he rendered services with NVS.