In a significant development, the Delhi High Court has ruled in favor of the Principal against Kendriya Vidyalaya Sangathan in the seniority and pay fixation case. The court’s decision is expected to have far-reaching implications for similar cases in the future. Stay tuned to learn more about this important judgment.
Facts
- The respondent was issued an offer of appointment and joined as a Principal under the OBC category on 05.04.2016.
- The Original Application filed by the respondent was allowed, directing the petitioner to grant him notional seniority from October 2012 and re-fix his pay on 31.03.2016.
- The respondent made representations for seniority and pay fixation, which were initially rejected on 14.11.2017.
- The respondent, whose name was included in the corrected select list, should not be deprived of due seniority at par with others selected in the same process.
Analysis
- The Tribunal allowed the Original Application (O.A.) relying on its decision in O.A. No 520/2019 by G.Prince Denness Christy Vs. Kendriya Vidyalaya Sangathan and others.
- The Tribunal directed to grant seniority and notional pay fixation to the applicant at par with his juniors who were promoted as Principal from October 2012.
- Candidates included in the re-drawn select list were to be granted all benefits at par with those in the original select list.
- Consequent decisions like pay re-fixation, seniority, and promotion in favor of the applicant were deemed necessary to remove anomalies with his juniors.
- The applicant scored 55.50 marks, while those who scored lower were appointed in October 2012, entitling the applicant to notional appointment from that date for pay fixation and seniority.
- A Coordinate Bench decision of the Tribunal dated 10.01.2019 in G.Prince Denness Christy Vs. Kendriya Vidyalaya Sangathan was found applicable.
- The corrected select list candidates were entitled to seniority and pay fixation from the date when the original select list candidates were granted such benefits.
- No interest shall be claimed on the payment to the applicant.
- The judgment passed on 10.01.2019 was not challenged for over five years by the renowned educational institution, leading to the allowance of the O.A. and quashing of the communication rejecting the applicant’s salary re-fixation claim.
- Any entitled financial arrears to the applicant shall be released expeditiously.
Decision
- The present petition is liable to be dismissed on procedural grounds.
- There is no merit in this petition.
- The petition is misconceived.
- No infirmity found with the impugned decision.
Case Title: KENDRIYA VIDYALAYA SANGATHAN & ANR. Vs. MAHIPAL SINGH (2024:DHC:3813-DB)
Case Number: W.P.(C)-6703/2024
