Kendriya Vidyalaya Sangathan through Its Commissioner Vs R.D. Rohilla & Ors. — Delhi HC (2025) — LawSathi Research

Kendriya Vidyalaya Sangathan through Its Commissioner Vs R.D. Rohilla & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief to the petitioner Kendriya Vidyalaya Sangathan; the writ petition challenging the Tribunal's order dated 23.05.2025 was disposed of in terms of the Delhi High Court's earlier Division Bench judgment dated 02.09.2025 in Bharti Bahuguna v. Kendriya Vidyalaya Sangathan & Ors., 2025:DHC:7629-DB.

Issue for consideration

Whether the petition challenging the Tribunal's order allowing conversion of the respondent employees from CPF to GPF is sustainable, in view of the petitioner's contention that the Gurmail Kaur judgment stands stayed and that the Supreme Court's order dated 08.12.2025 states the issue requires further consideration. +1 more

Court's answer

The petitioner's submission that the Rajasthan High Court judgment in Gurmail Kaur has been stayed by the Supreme Court is incorrect; the SLP against that judgment, being SLP(C) No.8238/2024, was dismissed by the Supreme Court vide Order dated 05.04.2024.

Ratio / Principle

The Supreme Court's order dated 08.12.2025 does not come to the aid of the petitioner, since this Court has already considered the said issues and answered them by its Judgment dated 02.09.2025 in Bharti Bahuguna v. Kendriya Vidyalaya Sangathan & Ors., 2025:DHC:7629-DB, by which this Court remains bound.

Key takeaways

The present petition is disposed of in terms of the Court's Judgment dated 02.09.2025 in Bharti Bahuguna v. Kendriya Vidyalaya Sangathan & Ors.ratio¶¶21

Detailed headnote1 paragraphs

High Court of Delhi (Division Bench: Navin Chawla and Madhu Jain, JJ.) by order dated 15.12.2025 disposed of W.P.(C) 18964/2025 filed by Kendriya Vidyalaya Sangathan challenging the Central Administrative Tribunal, Principal Bench order dated 23.05.2025 in O.A. No. 1434/2019, whereby the respondents' O.A. was allowed and they were held entitled to conversion from CPF to GPF with the same benefits as given in Gurmail Kaur (Rajasthan HC, D.B. Civil Writ Petition No.16675/2022, decided 27.07.2023), the exercise to be completed within three months. The Court rejected the petitioner's submission that the Gurmail Kaur judgment stood stayed, noting that SLP(C) No.8238/2024 against it was dismissed by the Supreme Court on 05.04.2024. The Court further held that the Supreme Court's order dated 08.12.2025 — observing in a batch of matters arising from Kerala and Rajasthan High Court orders that the question whether KVS employees who opted for CPFS may revert to GPFS, and whether University of Delhi v. Shashi Kiran, 2022 SCC OnLine SC 593 permits such a course, requires further consideration — did not aid the petitioner, because a coordinate Bench of the Delhi High Court had already considered and answered those issues in Bharti Bahuguna v. Kendriya Vidyalaya Sangathan & Ors., 2025:DHC:7629-DB (judgment dated 02.09.2025), by which the Court remained bound. Petition disposed of in terms of Bharti Bahuguna.

$~52

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 18964/2025

KENDRIYA VIDYALAYA SANGATHAN THROUGH ITS COMMISSIONER .....Petitioner Through: Mr.U.N. Singh and Ms.Sandhya Chaturvedi, Advs.

versus

R.D. ROHILLA & ORS. .....Respondents Through: Dr. Ashwani Bhardwaj, Adv. for R-1 to 3, 8 & 10 to 13

CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN

O R D E R % 15.12.2025

CM APPL. 78970/2025 (Exemption)

Allowed, subject to all just exceptions. W.P.(C) 18964/2025 & CM APPL. 78969/2025

This petition has been filed, challenging the Order dated 23.05.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ‘Tribunal’) in O.A. No. 1434/2019 titled R.D. Rohilla & Ors. v. Kendariya Vidyalaya Sangathan & Ors. , allowing the O.A. filed by the respondents herein with the following directions:

“20. In view of the above facts and circumstances of the case and for the reasons recorded above, the present OAs are allowed with the following order(s)/direction(s):-

(i) The applicants are entitled for conversion from CPF to GPF and the respondents are

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 13:54:32

directed to extend the same benefits to the applicants, as given to the applicant(s) in Gurmail Kaur (supra); and (ii) The aforesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this Order.”

The learned counsel for the petitioner submits that the Judgment of the High Court of Rajasthan dated 27.07.2023 in D.B. Civil Writ Petition No.16675/2022 titled The Commissioner, Kendriya Vidyalaya Sangathan & Anr. v. Mrs. Gurmail Kaur has been stayed by the Supreme Court.

The above submission appears to be incorrect as the SLP against the said Judgment, being SLP(C) No.8238/2024, has been dismissed by the Supreme Court vide its Order dated 05.04.2024. 5. The learned counsel for the petitioner further submits that in a similar batch of matters arising from the orders of the High Court of Kerala and the High Court of Rajasthan, the Supreme Court vide its Order dated 08.12.2025, has observed that the issue as to whether employees of the KVS who have exercised option to be covered under the CPFS can be allowed to come back to the GPFS, and as to whether the Judgment of the Supreme Court in University of Delhi v. Shashi Kiran, 2022 SCC OnLine SC 593 in fact permits such a course, requires further consideration.

We are afraid that the above may not come to the aid of the petitioner inasmuch as, this Court has also considered the said issues and by our Judgment dated 02.09.2025 passed in Bharti Bahuguna v. Kendriya Vidyalaya Sangathan & Ors. , 2025:DHC:7629-DB, has answered the same. We remain bound by the said Judgment.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 13:54:32

Accordingly, the present petition is disposed of in terms of the said Judgment.

NAVIN CHAWLA, J

MADHU JAIN, J

DECEMBER 15, 2025 /ns/as

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 13:54:32