LAWS(P&H)-2017-2-411

NAVODAYA VIDYALAYA SAMITI Vs. GURDEV SINGH (MUSIC TEACHER)

Decided On February 22, 2017
NAVODAYA VIDYALAYA SAMITI Appellant
V/S
Gurdev Singh (Music Teacher) Respondents

JUDGEMENT

(1.) Petitioner- Navodaya Vidyalaya Samiti has laid challenge to the order dated 5.2.2013 passed by Central Administrative Tribunal, Chandigarh Bench whereby respondent No.1 has been held entitled to the grant of Senior Scale after counting the service rendered by him on deputation before his absorption by the petitioner- organisation.

(2.) The facts are not in dispute. The first respondent joined the petitioner- organisation as a Music Teacher on deputation on 24.7.1989. He served on deputation till he was permanently absorbed w.e.f. 1.9.199 It is undeniable that as per the recommendations made by Fifth Central Pay Commission, which was adopted by the petitioner- organisation, respondent No.1 was entitled to grant of Selection Grade on completion of 12 years of service.

(3.) The issue which fell for consideration before the Tribunal was whether 12 years' service was to be counted w.e.f. 1.9.1992 when respondent No.1 was permanently absorbed or the service rendered by him on deputation was also to be counted? Suffice to mention that first respondent did not get any promotion etc., despite serving the organisation for 22 years.