KENDRIYA VIDYALAYA SANGATHAN Vs. KRISHNA CHANDRA PANDEY

JUDGEMENT

(1.) THIS writ application has been filed against the judgment of the Central Administrative Tribunal, Patna Bench dated 18th of October, 2005.

(2.) THE petitioners are the Commissioner, Kendriya Vidyalaya Sangathan having its Head Office at New Delhi and the Assistant . Commissioner of Kendriya Vidyalaya Sangathan, Patna Region having its office at Kankarbagh in the town of Patna (hereinafter referred to as the Sangathan for the sake of brevity) who were the respondents before the Tribunal.

(3.) THE facts, in brief, are that the respondent was working as Primary Teacher under the Sangathan at Barauni. He was promoted as a trained graduate and worked satisfactorily throughout. The respondent applied for a post of Secondary Teacher in Zambia and thereafter applied for leave for a period of three years which remained pending till the year 1991. He was finally permitted to join his post in Zambia on 6.12.1992. The letter relieving him was issued on 5.12.1992. It appears from Annexure -3 that approval was granted by petitioner no. 1 vide letter no. 26 -5/88 -KVS, dated 20.1.1992. It appears that while issuing the letter to the respondent vide Annexure -4, a condition was added that the respondent on expiry of two years should resign from the Sangathan 'sservice or revert to the Sangathan. This order was issued on 23.3.1992.