KENDRIYA VIDYALAYA SANGATHAN Vs. SUSHIL KUMAR

JUDGEMENT

(1.) The challenge in the present writ application is to an order dated 11th of May, 2015 passed by the Central Administrative Tribunal, Patna Bench, Patna (for short "the Tribunal") in O.A. No. 126 of 2012 whereby, an Original Application filed by the respondent herein (hereinafter referred to as "the applicant") under Section 19 of the Administrative Tribunal Act, 1985 was allowed.

(2.) The admitted fact is that the applicant was working as Trained Graduate Teacher and was promoted as Post Graduate Teacher (PGT) vide communication dated 12th of April, 1996 (Annexure-A/3 before the Tribunal). The condition in the promotion order was that the candidate must join the respective school by 4th of May, 1996 and if he fails to report for duty within the stipulated date, then the offer of promotion would automatically be treated as withdrawn and that he would be debarred from getting further promotion for one year with attendant consequences on seniority etc.

(3.) As per the applicant, he did not get the information regarding his promotion and sought extension of time to join which was granted on 18th of September, 1996 (Annexure-A/5) to join by 30th of September, 1996 but the applicant did not join within the time so granted. It is thereafter, two Departmental Promotion Committee meetings were held on 27th of March, 1998 and 3rd of April, 1998 whereby candidates up to Seniority No. 1447 and 2664 in the SC category respectively of TGT (Social Studies) were empanelled for promotion to the post of PGT (History) but the applicant was not empanelled as his seniority number was 6041 in the S.C. category.