Decided on March 13,2018

Kendriya Vidyalaya Sanghathan, New Delhi And Other Appellant
Central Administrative Tribunal, Gawahati And Othe Respondents


Manojit Bhuyan, J. - (1.) Heard Mr. M.K. Mazumdar, learned counsel representing the petitioners as well as Mr. S. Dutta, learned counsel representing the respondent no.2, Smti. Jayanti Deb Roy.
(2.) This petition by Kendriya Vidyalaya Sanghathan is directed against the order dated 02.01.2008 passed by the Central Administrative Tribunal, Guwahati Bench in O.A. No.194/2006.
(3.) The respondent no.2 Smti. Jayanti Deb Roy had joined Kendriya Vidyalaya Sanghathan (in short, "the KVS") on 01.08.1980 as a Primary Teacher and was posted at Tezpur KVS. During the period from 1982 to 2003, she was transferred to KVS Khanapara and KVS Digaru and again retransferred to Tezpur KVS in the year 2003, where she joined on 21.04.2003. On account of health reasons, she was granted Earned Leave from 16.07.2003 to 26.07.2003. Thereafter, she applied for extraordinary leave from 01.09.2003 to 30.09.2003 and had also sought extension from 01.10.2003 to 31.10.2003, both on medical grounds. By sending a Telegram to the KVS authority, she again applied for extra-ordinary leave from 01.11.2003 to 30.11.2003. As borne out of records, no extra-ordinary leave was granted for the period from 01.09.2003 or on any date thereafter. Rather, she was asked to join duty by communications dated 10.11.2003 and 17.02.2004. As the respondent no.2 remained absent for a period of 15 days or more from 01.09.2003, a Show Cause Notice dated 04.08.2004 was issued by the Assistant Commissioner of KVS asking her to make written representation as by her conduct in not reporting for duty within the period of 15 calendar days nor having satisfactorily explained the reasons for her absence amounted to voluntarily abandoning her service and thereby provisionally losing lien on her post. The said Show Cause Notice was issued contemplating action under Article 81 (D) of the Education Code of Kendriya Vidyalaya Sanghathan. The respondent no.2 had shown cause vide representation dated 16.08.2004 explaining that she had been suffering from some malignant diseases and was undergoing treatment at Guwahati, from which she has not recovered completely. She also referred to the applications made seeking extra-ordinary leave with effect from 01.09.2003. Mention was also made that her husband was suffering from diabetic neuropathy and required constant support in his day-to-day life. It was also stated that her husband is a Senior State Government servant but without any scope of his posting at Tezpur for want of equivalent post in the Department he was serving. Records reveal that pursuant to the letter dated 16.08.2004, the respondent was given one more opportunity to join her duties by 29.10.2004, which she failed to comply with in the forenoon of 29.10.2004. On consideration of the facts and circumstances, the Assistant Commissioner of KVS, vide Memorandum dated 02.11.2004, confirmed loss of lien on her abandoned post of Primary Teacher. Accordingly, the respondent no.2 was removed from the service of KVS with effect from the date of her remaining absent from duties i.e. with effect from 01.09.2003. The appeal filed before the Commissioner, Kendriya Vidyalaya Sanghathan at New Delhi also stood rejected vide appellate order dated 01.07.2005, thereby affirming the order of the Disciplinary Authority dated 02.11.2004. As against the aforesaid two orders dated 02.11.2004 and 01.07.2005, the respondent no.2 filed the related O.A. No.194/2006, which was allowed vide order dated 02.01.2008. Aggrieved, the Kendriya Vidyalaya Sanghathan is before this Court with the present writ petition.;

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