Kerala High Court
Union Of India vs Roopma Anand on 8 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA,
1945
OP (CAT) NO. 23 OF 2023
ORDER IN OA 180/00545/2021 OF CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN OA:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY TO THE GOVERNMENT OF
INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS, DEPARTMENT OF PERSONNEL &
TRAINING, NEW DELHI, PIN - 110001
2 SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF EDUCATION, NEW DELHI, PIN - 110001
3 THE COMMISSIONER,
KENDRIYA VIDYALAYA SANGATHAN, (HQ), 18,
INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW
DELHI, PIN - 110016
4 ASSISTANT COMMISSIONER (ESTT. II & III),
KENDRIYA VIDYALAYA SANGATHAN, (HQ), 18,
INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW
DELHI, PIN - 110016
5 THE DEPUTY COMMISSIONER,
KENDRIYA VIDYALAYA SANGATHAN, REGIONAL OFFICE,
KADAVANTHARA, KOCHI, PIN - 682020
BY ADV T.V.VINU
OP (CAT) NO. 23 OF 2023
..2..
RESPONDENT/APPLICANT IN OA:
ROOPMA ANAND, AGED 39 YEARS
W/O. ANAND KUMAR, TRAINED GRADUATE TEACHER
(ENGLISH), KENDRIYA VIDYALAYA, INS
DHRONACHARIYA, KOCHI - 682004, RESIDING AT FLT.
NO. 2A, SILVER STREAK - NAGPAL, NEAR PASSPORT
OFFICE, PANAMPALLI NAGAR, KOCHI - 682020
BY ADVS.
T.C.GOVINDA SWAMY
KALA T.GOPI
NISHITHA BALACHANDRAN
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (CAT) NO. 23 OF 2023
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JUDGMENT
A. MUHAMED MUSTAQUE, J.
This original petition is filed by the Union
of India and the officials of Kendriya
Vidyalaya Sangathan, challenging an order of
the Central Administrative Tribunal, Ernakulam
Bench (for short, "the Tribunal), directing
the petitioners/respondents to consider the
respondent/applicant in the post of Post
Graduate Teacher (PGT) in English in any of
the vacancies available in the State of Kerala
or a place near Chandigarh. As of now, it is
reported that there is a vacancy of PGT in the
Kendriya Vidyalaya No.4 at Ernakulam.
2. The case of the petitioners is that the
respondent having not joined after empanelling
her in the promotion list, she forfeits the
right to be promoted and therefore, she cannot
claim for any other vacancy available in the
OP (CAT) NO. 23 OF 2023
..4..
State of Kerala. According to the learned
Central Government Counsel, the empanelling of
promoted candidates was published on
26.06.2019 and the respondent was promoted and
posted at the Kendriya Vidyalaya at Murena in
Madhya Pradesh and the last date for joining
the Kendriya Vidyalaya at Murena was
29.06.2019 and having not joined there, she
could not claim for subsequent vacancy, if
any, or any vacancy exists at that time. It is
submitted that the subsequent vacancy cannot
be considered for those, who are promoted
along with the respondent in the year 2019.
The Tribunal noted that the date of joining,
29.06.2019, is not a sacrosanct and the
Kendriya Vidyalaya itself has modified the
order of posting subsequently as seen from
Annex.A14. It appears from Annex.A14 that
modification of place of posting on promotion
was effected on many occasions.
OP (CAT) NO. 23 OF 2023
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3. Learned Central Government Counsel submits
that those modifications were made to allow
those teachers, who have already joined the
place where they were originally posted, and
subsequent modification was permissible only
in respect of such teachers, who have joined
pursuant to the original order.
4. We do not find any such rule or regulation as
such in the matter in regard to subsequent
modification of posting. As a practice, the
Kendriya Vidyalaya might have followed to
allow such teachers, who have joined in the
original place of posting, to shift to some
other place. Anyway, there is no hard and fast
rule, which should be allowed to only such
teachers, who have joined the original place
of posting. The petitioners, having permitted
such teachers to shift to different places
subsequently after 29.06.2019, cannot be heard
to say that the respondent had forfeited her
OP (CAT) NO. 23 OF 2023
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right for promotion merely for the reason that
she has not joined the original place of
posting. Anyway, we are now considering this
matter invoking our power under Article 227 of
the Constitution of India. In particular
circumstances of the case, the Tribunal
directed the authorities as above and we find
no reason to invoke our power under Article
227 of the Constitution of India.
The original petition fails and is dismissed
accordingly.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
OP (CAT) NO. 23 OF 2023
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APPENDIX OF OP (CAT) 23/2023
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE MEMORANDUM F.NO.
11055/PGT/LDCE/2018-19/KVS(HQ)/ESTT.II
DATED 25.02.2019 ISSUED FROM THE
OFFICE OF THE 3RD RESPONDENT IN O.A.
Annexure A2 A TRUE COPY OF THE MEMORANDUM
F.NO.11055/ PGT/LDCE/2018-19
/KVS(HQ)/ESTT.II/ MODIFICATION DATED
26.06.2019 ISSUED FROM THE OFFICE OF
THE 3RD RESPONDENT IN O.A.
Annexure A3 A TRUE COPY OF THE EMPLOYMENT
CERTIFICATE DATED 01.10.2021 IN
RESPECT OF APPLICANT'S HUSBAND
Annexure A4 A TRUE COPY OF THE NOTIFICATION
BEARING NO. F.NO.11055-1/2016/
/KVS(HQ)/RPS/LDE/TEACHING POSTS/145
DATED 09.04.2018 ISSUED FROM THE
OFFICE OF THE 3RD RESPONDENT IN O.A.
Annexure A5 A TRUE COPY OF PROVISIONAL SELECT
PANEL FOR PROMOTION FORM THE POST OF
TRAINING GRADUATE TEACHER TO POST
GRADUATE TEACHER FOR OTHER VACANCY
YEAR 2014-15 TO 2018 AS PUBLISHED BY
THE 3RD RESPONDENT IN O.A., FOUND
UPLOADED IN THE KVS PORTAL.
Annexure A6 TRUE COPY OF MEMORANDUM F.NO. 11055/
PGT/ LDCE/2018-19/KVS(HQ)/ESTT.II
DATED 05.02.2019, ISSUED FROM THE
OFFICE OF THE 3RD RESPONDENT IN O.A.
Annexure A7 A TRUE COPY OF THE REPRESENTATION
DATED 5.2.2019 ADDRESSED TO THE 4TH
RESPONDENT IN O.A.
OP (CAT) NO. 23 OF 2023
..8..
Annexure A8 A TRUE COPY OF REPRESENTATION DATED
08.02.2019 ADDRESSED TO THE 4TH
RESPONDENT IN O.A.
Annexure A9 A TRUE COPY OF THE REPRESENTATION
DATED 14.02.2019 ADDRESSED TO THE 4TH
RESPONDENT IN O.A.
Annexure A10 A TRUE COPY OF THE F.NO.11055/PGT/LDCE
/2018-19/KVS(HQ)/ESTT.II DATED
25.02.2019 ISSUED FROM THE OFFICE OF
THE 4TH RESPONDENT IN O.A.
Annexure A11 A TRUE COPY OF THE REPRESENTATION
DATED 28.02.2019 ADDRESSED TO THE
DEPUTY COMMISSIONER OF KVS
Annexure A12 A TRUE COPY OF THE AFOREMENTIONED
COMMUNICATION BEARING F.NO.
11055/TGT/LDCE/2018-19/KVS(HQ)/ESTT.II
DATED 07.06.2019
Annexure A13 A TRUE COPY OF THE REPRESENTATION
DATED 12.06.2019 ADDRESSED TO THE 4TH
RESPONDENT IN O.A.
Annexure A14 A TRUE COPY OF ORDER OF PLACE OF
POSTING BEARING
F.NO.11055/TGT/LDCE/2018-
19/KVS(HQ)/ESTT.II DATED 22.07.2019,
ISSUED BY THE 4TH RESPONDENT IN O.A.
Annexure A15 A TRUE COPY OF MEMORANDUM BEARING
F.NO.11055/PGT/LDCE/2018-
19/KVS(HQ)/ESTT. II/662-705 DATED
06.02.2020
Annexure A16 A TRUE COPY OF THE MEMORANDUM
F.NO.11055/PGT/LDCE/2018-
19/KVS(HQ)/ESTT.II/3649-89 DATED
24.07.2020, ISSUED BY THE 4TH
RESPONDENT IN O.A.
OP (CAT) NO. 23 OF 2023
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Annexure A17 A TRUE COPY OF MEMORANDUM
F.NO.11055/PGT /LDCE /2018-
19/KVS(HQ)/ESTT.II/3690-3730 DATED
24.07.2020
Annexure A18 A TRUE COPY OF MEMO.F.NO.
11044/3(1)LDCE/2016-17/KVS(E.I)/2109-
2130 DATED 01.09.2021
Annexure A19 A TRUE COPY OF REPRESENTATION DATED
20.09.2021 ADDRESSED TO THE 4TH
RESPONDENT IN O.A.
Annexure A20 A TRUE COPY OF OFFICE MEMORANDUM DATED
12.06.1997 ISSUED BY THE DEPARTMENT OF
PERSONNEL & TRAINING
Annexure A21 A TRUE COPY OF O.M.NO.28034/9/2009-
ESTT(A) DATED 30.09.2009
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION
- O.A.NO.180/00545/2021, DATED
03.10.2021 FILED BY THE RESPONDENT
HEREIN
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT DATED
11.01.2022 IN O.A.NO.180/00545/2021
FILED BY THE PETITIONERS HEREIN
Exhibit P3 TRUE COPY OF ORDER DATED 05.12.2022 IN
O.A.NO.180/00545/2021 ISSUED BY THE
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
