Disposed

The Commissioner, Kendriya Vidyalaya Sangathan v. C.S.Prem

Kerala HC15 Nov 2019OP (CAT)/3388/2013

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of two petitions challenging Central Administrative Tribunal orders granting promotion up-gradation. The court held that since the employees were absorbed by the Revenue Department and ties with Kendriya Vidyalaya were severed, no liability or right flows from the Tribunal order to either party.

What did the court decide?

Original petitions disposed of; no liability or right flows from the Tribunal order to either party.

The Commissioner, Kendriya Vidyalaya… — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 15TH DAY OF NOVEMBER 2019 / 24TH KARTHIKA, 1941

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OP (CAT).No.3388 OF 2013(Z)

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AGAINST THE ORDER/JUDGMENT IN OA 1085/2012 DATED 11-04-2013 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

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PETITIONER/S:

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1 THE COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN 18-INSTITUTIONAL AREA, SHAHID JEET SINGH MARG, NEW DELHI-682 020.

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2 THE DEPUTY COMMISSIONER KENDRIYA VIDYALAYA SANGATHAN, REGIONAL OFFICE, IIT CAMPUS, CHENNAI-600 006.

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3 THE DEPUTY COMMISSIONER KENDRIYA VIDYALAYA SANGATHAN, ERNAKULAM REGIONAL OFFICE, KADAVANTHARA, KOCHI-682 020.

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4 THE PRINCIPAL KDNDRIYA VIDYALAYA NO.II, NAVAL BASE, KOCHI-682 004.

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BY ADV. SRI.V.V.ASOKAN (SR.)

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RESPONDENT/S:

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C.S.PREM

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S/O LATE C.G.STEPHEN, LOWER DIVISION CLERK, KENDRIYA VIDYALAYA II, NAVAL BASE, KOCHI-682 004, PRESENTLY WORKING ON DEPUTYATION AS ACCOUNTANT, O/O. PAY AND ACCOUNTS OFFICER, CUSTOMS, COCHIN-682 009 RESIDING AT CHIRAMEL HOUSE, KOOTUNGAL LANE, KOCHIPALLY ROAD, THOPPUMPADY, KOCHI-682 005.

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R1 BY ADV. SRI.T.C.GOVINDA SWAMY R1 BY ADV. SMT.KALA T.GOPI R1 BY ADV. SMT.T.N.SREEKALA

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THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 15-11-2019, ALONG WITH OP (CAT).3403/2013(Z), THE COURT ON 15-11-2019 DELIVERED THE FOLLOWING:

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 15TH DAY OF NOVEMBER 2019 / 24TH KARTHIKA, 1941

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OP (CAT).No.3403 OF 2013

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AGAINST THE ORDER/JUDGMENT IN OA 1079/2012 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

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PETITIONER/S:

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1 THE COMMISSIONER KENDRIYA VIDYALAYA SANGATHAN 18-INSTITUTIONAL AREA, SHAHID JEET SINGH MARG, NEW DELHI-682020.

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2 THE DEPUTY COMMISSIONER KENDRIYA VIDYALAYA SANGATHAM, REGIONAL OFFICE, IIT CAMPUS, CHENNAI-600036.

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3 THE DEPUTY COMMISSIONER KENDRIYA VIDYALAYA SANGHATHAN, ERNAKULAM REGIONAL OFFICE, KADAVANTHARA, KOCHI-682020.

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BY ADV. SRI.V.V.ASOKAN (SR.)

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RESPONDENT/S:

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SABU.C.M. S/O.M.J.MATHAI, LOWER DIVISION CLERK, KENDRIYA VIDYALAYA, NAD ALUVA, PRESENTLY WORKING ON DEPUTATION AS ACCOUNTANT, O/O.PAY AND ACCOUNTS OFFICER, CUSTOMS, COCHIN-682009, RESIDING AT CHIRAVELIYIL HOUSE, KARIPPAI ROAD, KALAMASSERY P.O., COCHIN-683104.

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R1 BY ADV. SRI.T.C.GOVINDA SWAMY R1 BY ADV. SMT.KALA T.GOPI R1 BY ADV. SMT.T.N.SREEKALA

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THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 15-11-2019, ALONG WITH OP (CAT).3388/2013(Z), THE COURT ON 15-11-2019 DELIVERED THE FOLLOWING:

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OP(CAT)3388 & 3403/13

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K.VINOD CHANDRAN & V.G.ARUN, JJ.

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----------------------------------------------OP (CAT).Nos.3388 & 3403 of 2013

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----------------------------------------------Dated this the 15^th day of November, 2019

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JUDGMENT

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Vinod Chandran, J.

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Respondents are the applicants before the Tribunal. The respondents were employees of the Kendriya Vidyalaya who proceeded on deputation to the Department of Revenue and were working under the Pay and Accounts Officer, Customs, Cochin. While they were on deputation, they were granted a promotion. The petitioners, by virtue of their long service, already were in the scale of pay of the promoted post which they obtained as per the first financial up-gradation under the Assured Career Progression Scheme. The petitioners claimed further up-gradation to the Pay Band-I Grade Pay of Rs.2,800/-. This was granted by the Tribunal but however when the original petition was pending here, it is stated that the petitioners were absorbed in the Revenue Department and the Kendriya Vidyalaya has also settled all dues with respect to their service with the Revenue Department.

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In such circumstances, now nothing survives as between the respondents here and the Kendriya Vidyalaya Sangathan their ties

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OP(CAT)3388 & 3403/13

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having been severed completely. Therefore, the original petitions are disposed of holding that no liability or right flows from the order of the Tribunal to either of the parties.

Sd/-

K.VINOD CHANDRAN

Sd/-

V.G.ARUN

vgs

OP(CAT)3388 & 3403/13

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APPENDIX OF OP (CAT) 3388/2013

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 EXHIBIT P1: TRUE COPY OF THE RELEVANT EXTRACT OF PARAGRAPH 17.4.2 OF THE SWAMY'S COMPILATION ON SENIORITY AND PROMOTION RULES IN CENTRAL GOVERNMENT SERVICE DATED NIL. EXHIBIT P2 EXHIBIT P2: TRUE COPY OF THE ORIGINAL APPLICATION NO.1085/2012 FILED BEFOR ETHE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM DATED 25.11.2012. EXHIBIT P3 EXHIBIT P3: TRUE COPY OF REPLY STATEMENT FILED BY THE PETITIONERS HEREIN IN IA NO.1085/2012 EXHIBIT P4 EXHIBIT P4: TRUE COPY OF THE REJOINDER FILED BY THE RESPONDENT IN OA NO.1085/2012 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM, DATED 25.1.2013. EXHIBIT P5 EXHIBIT P5: TRUE COPY OF THE ORDER IN OA NO.1085/2012 CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM DATED 11.4.2013.

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OP(CAT)3388 & 3403/13

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APPENDIX OF OP (CAT) 3403/2013

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	EXHIBIT P1 : TRUE COPY OF THE RELEVANT EXTRACT OF PARAGRAPH 17-4-02 OF THE SWAMY'S COMPILATION ON SENIORITY AND PROMOTION RULES IN CENTRAL GOVERNMENT SERVICE DATED NIL.
EXHIBIT P2	EXHIBIT P2 : TRUE COPY OF THE ORIGINAL APPLICATION NO.1079/2012 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM DT.25-11-2012.
EXHIBIT P3	EXHIBIT P3 : TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS HEREIN IN OA 1079/2012 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM DT.22-1- 2013.
EXHIBIT P4	EXHIBIT P4 : TRUE COPY OF THE REJOINDER FILED BY THE RESPONDENT IN OA 1079/2012 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM DT.25-1-2013.
EXHIBIT P5	EXHIBIT P5 : TRUE COPY OF THE ORDER IN OA 1079/2012 CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM DT.4-4-2013.

The Commissioner, Kendriya Vidyalaya Sangathan v. C.S.Prem

Case brief

What is this about?

What did the court decide?

The Commissioner, Kendriya Vidyalaya Sangathan v. C.S.Prem

Case brief

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