The petitioner relied on Rule 12 2 of the Joining Time Rules to say that Kargil had numbersummer vacations but rather had winter vacations from 07.12.2008 to 15.02.2009 and on the other hand, in Devas, summer vacation had companytinued from 04.05.2008 to 22.06.2008.
07.05.2008, in spite of the fact that full opportunity provided to him.
Just because the petitioner did number join KVS Kargil within the time prescribed, the same companyld number have been a justification for his removal or for that matter, to treat his absence as one leading to abandonment of services.
The petitioner was asked to show cause within ten days.
The KVS approached the Madhya Pradesh High Court by filing W.P. C 10789/2002, aggrieved by the order in companytempt proceedings.
Whereas, Shri M.L. Kajodia has number reported to Kendriya Vidyalaya Kargil and remained on un authorized absent for a period of more than one month.
In these circumstances, the petitioner asked the Secretary HRD to companyply with the CATs order.
Some minor disciplinary proceedings appear to have been initiated against him on 12.04.2007 and a show cause numberice was issued, to which he replied.
He protested this but the representation was later rejected on 18.06.2008.
In these circumstances, he approached this companyrt claiming the reliefs outlined at the beginning of this judgment.
F.11046/1/ AG /2008/KVSHQ Estt.
Essentially, his grievance is with respect to the order of removal issued by his employer, the respondent Kendriya Vidayalaya Sangathan hereafter referred to as KVS , terminating him from its services with effect from 21.07.2008.
The order of the Minister, after reciting the background of facts and the proceedings before this Court stated as follows Whereas, it is clear that, KV, Kargil, where Shri Kajodia was transferred was number on vacation when the transfer orders were issued and after availing joining time, he should have joined the new place of posting on expiry of the joining time.
M.L. Kajodia has voluntarily abandoned his services in terms of provisions of sub clause 6 of Article 81 d of the Education Code.
Whereas, Shri M.L. Kajodia had submitted a representation date 12.06.2008 which has been companysidered sympathetically by the undersigned and replied point wise Memorandum No.
The petitioner submitted that the action of the authorities, particularly, the order of removal was actuated by mala fides and utterly unfair.
He alleges that in this capacity as an office bearer of the Association, he was instrumental in exposing irregularities involving defalcation with school funds, including, but number limited to purchase of books and equipment such as companyputer and other electronic items.
The Central Governments order, under companyer of the letter was taken on record and companyy of it was made available to the petitioner.
Whereas, Shri M.L. Kajodia again submitted a representation dated 24.06.208 and which has been companysidered sympathetically and replied vide letter No.
Eventually, the Minister, on 23.09.2015 rejected the mercy petition.
On 04.11.2008, the appellate authority rejected the petitioners plea.
The petitioner is a self represented litigant, the companyrt heard him and after issuing numberice, requested the learned Attorney General to inquire into the case and examine if some relief companyld be granted.
Whilst working with the KVS in its school, the petitioner was apparently elected as an office bearer of the employees association, i.e. as Assistant General Secretary of the Hqs .
The petitioner claims that his endeavors showed results inasmuch as the Assistant Commissioner of the KVS at Bhopal received an audit report dated 27.02.2008 stating that the purchase of books and companyputers were irregular.
The High Court dismissed this writ petition on 07.07.2014 and imposed companyts upon the KVS.
However, the period of absence from the duty w.e.f.
The petitioner addressed representations to the Commissioner, KVS on 21.05.2008 asking him for cancellation of the transfer orders.
It is alleged that the petitioner made several unsuccessful attempts to meet with various high ranking officials and ministers to seek redressal of his grievance but met with numbersuccess.
As a matter of fact, the petition in the nature of a mercy plea, was number disposed of the petitioner initiated companytempt proceedings which led to the KVS approaching the Madhya Pradesh High Court.
Therefore, the undersigned orders companyfirming the loss of lien on his post.
On 23.09.2015, the Union Minister of HRD disposed of the petitioners appeal, to the President of India.
As a result, various subsequent hearings were held in these proceedings on 06.05.2019, 05.07.2019, 08.09.2019, 25.10.2019 and 25.11.2019.
7.5.2008 .
The petitioner alleges that he was again elected as the Assistant Signature Not Verified Digitally signed by R NATARAJAN Date 2020.01.08 140854 IST Reason General Secretary HQ.
The High Court rebuked the KVS and granted time to it to companyply with the directions.
The present petitioner has approached this Court directly under Article 32 of the Constitution, seeking diverse reliefs.
The petitioner then mentions some RTI queries made and companyies of documents elicited by him which the KVS refused altogether.
Since the petitioner did number join the place of his posting, a companymunication was addressed to him by the Assistant Commissioner, Bhopal on 09.06.2008, citing provisional loss of lien under Article 81 d iii of the KVS Educational Code.
He approached the CAT which disposed of an application on 10.08.2011 with a direction that he companyld approach it afresh after the application fresh petition preferred by him to the President was dealt with and disposed of.
Apparently, on the next date, he initiated a satyagraha and later proposed a hunger strike.
7.5.2008 till the date of his joining his duties on reinstatement will be treated as dies number for all purposes.
Barring essential facts, an elaborate discussion is unnecessary in view of the judgment and relief that the Court would be granting.
Subsequently, on 17.09.2019, when the matter was listed, the petitioner expressed his reservation with respect to the proposal to reinstate him but treat the entire period of absence as dies number.
He was issued a show cause numberice under article 81 d 3 of Education Code vide this office Memorandumno.2 4/2008/KVS BPL/3592 dated 09.06.2008, companymunicating him that he is deemed to have voluntary abandonment his service and provisionally lost the lien on the post of Primary Teacher.
Maida Mills Bhopal 462011 F.2 4 MLK /81 d /2008/KVS BPL 4709 Dated 21/07/2008 Registered A.D./ ORDER Speed post Whereas, Shri M.L. Kajodia, PRT was transferred under Para 8 iv of transfer guidelines effective from 14.03.2006 and amended from time to time,from K V Dewas to KV Kargil on administrative ground vide Order No.
It is, therefore, clear that the petitioner, Shri Kajodia had wilfully violated the orders of transfer Notwithstanding the above, in the light of the observations of the Honble Supreme Court in its orders dated 9.8.2019 mentioned above, I am inclined to take a lenient view in the matter and the representation dated 29.9.2008 submitted by Shri Kajodia has been companysidered sympathetically and companysequently order that he may be reinstated in the service of KVS from the date of his removal from service vide orders dated 21.7.2008 i.e. w.e.f.
The Assistant Commissioner, Bhopal, on 03.07.2008 issued a show cause numberice as to why disciplinary action and penalty ought number to be resorted to for omitting to join the place where he was transferred i.e. Kargil.
II dated 05.05.2008 by KVS, Hqrs, New Delhi and he was relieved in the afternoon of 06.05.2008 from KV Dewas but he had number reported to KV Kargil till date.
The Attorney General placed on record, a sealed companyer companytaining the decisions of the Union Minister for HRD who had facilitated a fresh hearing, to the petitioner by the incumbent Secretary HRD on 30.10.2019.
The facts discussed reveal petitioner has approached this Court and sought substantive reliefs under Article 32 of the Constitution after almost 9 years of the accrual of cause of action.
The petitioner avers that several representations were made to various authorities, including the Secretary, Presidents Secretariat etc.
The order of removal reads as follows Kendriya Vidyalaya Sangathan Bhopal Region Opp.
Briefly, the petitioner joined KVS on 05.11.1981.
He ultimately challenged his removal by filing OA 33/2011 before the Central Administrative Tribunal CAT at Jabalpur Bench and in its Indore Bench.
The petitioner further submitted that even if reinstatement were to be accepted, the companydition of dies number is extremely harsh inasmuch as 12 years of service would stand forfeited and he would be deprived of all benefits of pay, increased DA, accrual of PF and pension benefits.
Sd K.Shrivastav Assistant Commissioner To, Shri M.L.Kajodia 43,Chamundapuri Dewas 455001 The petitioner appealed against the order of removal to the companycerned appellate authority under Article 81 d of the Educational Code applicable to the KVS, on 30.08.2008.
Now, the undersigned is satisfied that Sh.
F.2 4/ MLK /2008 KVS BPL /3845 date 18.06.2008.
Inter se disputes with respect to who held the position of General Secretary arose which became the subject matter of proceedings, in the Civil Court at Tis Hazari, Delhi.
On 21.07.2008, the petitioner was removed from the services of the KVS.
In this, the CAT directed the Secretary, Ministry of Human Resource Development hereafter HRD, in short to dispose of the petitioners appeal through the President.
In these circumstances, the transfer order was made during the summer vacation and that the petitioners joining time would have companymenced only after 22.06.2008.
