D.B. Civil Writ Petition No. 99 of 2002. Case: S.M. Goyal Vs The Central Administrative Tribunal and Ors.. Rajasthan High Court
| Case Number | D.B. Civil Writ Petition No. 99 of 2002 |
| Counsel | For Appellant: Rajendra Vaish, Adv. and For Respondents: K. Verma, Adv. |
| Judges | Ajay Rastogi and Jainendra Kumar Ranka, JJ. |
| Issue | Service Law |
| Judgement Date | February 11, 2014 |
| Court | Rajasthan High Court |
Judgment:
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Instant petition is directed against order of the Central Administrative Tribunal (the Tribunal) dated 24.4.2001 followed with the order passed on review application dated 3.8.2001. The grievance of the petitioner before the Tribunal was that he was an employee worked as Demonstrator School Regional College of Education Ajmer (N.C.E.R.T.) and thereafter as Senior Teacher in St. Anselem School (aided institution) the period of service rendered prior to being inducted as Principal on 12.9.1970 in Kendriya Vidyalaya Sangathan be treated as a qualifying service invoking R.30 of Central Civil Services Pension Rules, 1972 (Rules, 1972).
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At the same time, it was also prayed that he is entitled for stepping up of pay as some of the incumbents who were junior in the cadre were given higher pay and he too is entitled for stepping up of pay.
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The Tribunal after hearing the parties in its original order dated 24.4.2011 rejected the grievance of the petitioner, however, scope of R.30 of Rules, 1972 as reveals from the record was not urged for consideration and after the claim was rejected, the review application was filed and that was also dismissed vide order dated 3.8.2001 and that is subject-matter of challenge in the instant proceedings.
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As regard details of the past service which the petitioner rendered in various other organizations prior to his joining as Principal in Kendriya Vidyalaya Sanghthan has been referred to in para-3 of the writ petition and relevant for the present purpose reads ad infra--
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Indisputably, as per the submission which has been volunteered by the petitioner that at the time he joined service as Principal in Kendriya Vidyalaya Sangathan on 12.9.70, he was serving as Senior Teacher in St. Anselem School, Ajmer where he served from 01.07.69 to 05.09.70 and that was the aided institution, however, while serving as Principal in K.V.S., he stood retired after attaining age of superannuation on 31.10.1992.
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The main thrust of the counsel for petitioner is that R.30 of the Rules, 1972 clearly acknowledges the past service which he rendered prior thereto in Demonstration School Regional College of Education, Ajmer (N.C.E.R.T.) as Senior Teacher Gr. I or as a teacher in an aided institution that is required to be considered and to be noticed by the authorities for treating as a qualifying service in proportion as contemplated u/R. 30 of Rules, 1972 which indisputably has not been noticed by the...
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