LAWS(P&H)-2019-3-245

TAJINDER KAUR Vs. UNION OF INDIA

Decided On March 13, 2019
TAJINDER KAUR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petitioner has invoked the writ jurisdiction of this Court under Articles 226/227 of Constitution of India for issuing the writ in the nature of certiorari for quashing the order dtd. 30/9/2016 (Annexure P17) and order dtd. 3/3/2017 (Annexure P20) passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh. Petitioner has also sought quashing of order dtd. 29/1/2013 (Annexure P14) passed by respondent no.2 and order dtd. 24/11/2014 (Annexure P15) passed by respondent no.4. Petitioner also seeks mandamus for issuing directions to respondent nos.1 to 4 to grant past service benefits to her for the purpose of applicability of Central Civil Services (Pension) Rules, 1972, like counting of past service and applicability of old pension scheme etc.

(2.) Petitioner was appointed as PGT Commerce in Kendriya Vidalaya Sangthan (Delhi Region), New Delhi vide appointment letter dtd. 19/8/2003. She joined on 12/9/2003. Her services were terminated vide order dtd. 16/6/2005 (Annexure P2) under clause 5 of offer of appointment letter. Petitioner challenged the said order before the Principal Bench, Central Administrative Tribunal, New Delhi, which set aside the same vide order dtd. 20/9/2005 (Annexure P3). Operative part of the same is reproduced as under:-

(3.) In this way, petitioner was given an opportunity to complete B.Ed. from recognized University within a period of three years. Petitioner, in fact, sought permission of Principal Kendriya Vidalaya Sangthan to go for B.Ed. vide application dtd. 14/11/2005 (Annexure P4), which was forwarded on 17/11/2005 to Assistant Commissioner, Kendriya Vidalaya Sangthan, Regional Office, Delhi.