IN THE CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI.

 

ORIGINAL APPLICATION NO. 1057 OF 2012

 

IN THE MATTER OF

1.    All India Kendriya Vidhyalaya Teachers’

Association, through its General Secretary,

513, Sector-21C,

Faridabad,

Haryana.

 

2.    Shri. A.S. Majumdar

    S/o. Haldar Majumdar,

    Aged about 59 years,

    R/o. B-81, 2nd Floor,

    Sohna Road, Gurgaon,

    Haryana.

 

3.    Dr. S.B. Singh

    S/o. Late R.N. Singh,

    Aged about 48 years,

    R/o. Flat No.1/143,

    Jagat Puri,

New Delhi-110051.                         …APPLICANTS

 

Versus

 

1.    The Union of India

    Through its Secretary,

    Ministry of Human Resource Development,

Shastri Bhawan,

New Delhi.

 

2.    Kendriya Vidhyayala Sanghatan

    Through its Commissioner,

    18, Institutional Area,

    Shaheed Jeet Singh Marg,

    New Delhi.110016.                      …RESPONDENTS

 

PETITION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT

 

THE ABOVE NAMED APPLICANT MOST RESPECTFULLY SUBMITS AS FOLLOWS

 

 

1.    Particulars of the order against which this Application is made

That this is an Application under Section 19 of the Administrative Tribunals Act, for quashing of the office memorandum dated 17.02.2012, i.e. Sl. No.2 of the said office memorandum, by which the Teachers have been directed to be retained after school hours for additional 1 hour 20 minutes, as the same are contrary to the well established principles of law, policy framed by the supreme body, i.e., Central Board of Secondary Education as well as contrary to the right of children to Free and Compulsory Education Act, 2009 as well as contrary to the Delhi School Education Act and Rules as well as the Bye-Laws of Affiliation framed by the CBSE and also violative of Articles, 14, 16 and 21 of the Constitution of India. The copy of the said office memorandum dated 17.02.2012 is annexed herewith as Annexure-1.     

 

2.    Jurisdiction of the Tribunal

    The Applicant respectfully submits that this Hon’ble Tribunal has the jurisdiction to try and entertain the present O.A. as per the provisions of law.

 

3.    Limitation

    The Applicant declares that this Application is within limitation as prescribed under the Administrative Tribunals Act and Rules.     

 

4.    Facts of the case

i)    That the Applicant No.1 is the registered and recognized Association of Teachers and Principals working in Kendriya Vidhyalaya throughout India. The said Association is looking after the welfare activities of its members as also taking issues which are contrary to the various enactments. The said Association is also protecting the service conditions of the Teachers and Principals working in Kendriya Vidhyalaya Sanghatan on All India basis. The General Secretary of the said Association is duly authorized and competent person to file the present Application before this Hon’ble Tribunal.

 

ii)    That the Applicant No.2 has been working as Teacher in the Kendriya Vidhyalaya Sanghatan and his interest is also similar to that of the Applicant No.1 and also the Applicant is going to be affected by the said order dated 17.02.2012.

 

iii)    That the Central Board of Secondary Education was formed by the Government of India to regulate the education system in India. The said Central Board of Secondary Education framed Affiliation Bye-Laws, which are mandatory in nature as all the Schools throughout India who are affiliated to the CBSE are required to follow the same and, if the said Affiliation Bye-Laws are not followed, the CBSE has the power to withdraw the affiliation given by them in terms of Clause 17 and 18 of the said Bye-Laws.

 

iv)    That, in the said Affiliation Bye-Laws, the CBSE also laid down the service rules for the employees and in the said service rules it has been mentioned in Bye-Law 32, which reads as under :

 

        “32. Number of teaching periods.

  1. Normally a teacher should be engaged as a whole time employee except in special cases because of the nature of a subject where the work load does not justify a whole time teacher.
  2. Every teacher shall devote in a year not less than 1200 hours to the teaching of students, out of which not more than 200 hours may be required to be devoted for the coaching in the school premises, of weak or gifted students, whether before or after the school hours.
  3. Provided that if any teacher is required to devote more than 1200 hours to the teaching of students, extra remuneration shall be paid to him at such rate as may be determined, by the managing committee, for every hour in excess of 1200 hours devoted by him to the teaching of students.
  4. In the case of an aided school, the extra remuneration referred to in sub-rule 32(3) shall be subject to the previous approval of the grant-in-aid authority to qualify for aid of 95 percent of such extra remuneration, and in the case of an unaided recognized school, such extra remuneration may be recovered from the students at such proportionate rate as may be determined by the managing committee.”

 

    In terms of the said Bye-Law, every Teacher is required to devote 1200 hours in a year to the teaching out of which 200 hours are required to be devoted for the coaching in the school premises of weak or gifted students. It has also been mentioned that, if the Teacher is required to devote more time, he/she shall be paid extra remuneration for every hour in excess of 1200 hours. The copy of the relevant Affiliation Bye-laws are annexed herewith as Annexure-2.

 

v)    That the Parliament enacted Delhi School Education Act and, accordingly, rules were also framed under the said Act of 1973. Under the said Rules, Rule 31 prescribes the maximum and minimum number of working hours for the Teachers. The said Rule 31 reads as under :

 

“31. School hours. – (1) The Director shall, by order, specify the time at which all schools, other than unaided recognized private schools, shall commence and conclude the daily school hours and different timings may be specified for different seasons of the year or for schools running in one shift or multiple ships.

Provided that the total school hours in a year for the middle and higher secondary stage of education shall not, ordinarily be less than 1000 hours.

Provided further that in addition to 1000 school hours, a teacher may be required to devote not more than 200 hours in a year for remedial or other teaching.

(2)    The unaided recognized schools may specify their own timings but, in any case, the total school hours in a year shall not be less than 1000 hours.

Provided that in addition to 1000 school hours, a teacher may be required to devote not more than 200 hours in a year for remedial or other teaching.”

 

That, in terms of the said Rules, a Teacher is required to teach 1000 hours in a year and not more than 200 hours in a year for remedial or other teaching. As such, under the said enactment also, the maximum teaching hours to a Teacher has been prescribed.

 

vi)    That the Right of Children to Free and Compulsory Education Act was passed by the Parliament for strengthening of education system in India and also to give effect to the directive principles enumerated in the Constitution. The said enactment was notified and came into force with effect from 01.04.2010.

 

vii)    That, in terms of the said Act, a Schedule has been prepared in the said Act, under which it has been again mentioned in Sl. No.3 of the said Schedule about the minimum number of working days/instructional hours in an academic year, which reads as under :

 

“Sl. No.3. Minimum number of working days/instructional hours in an academic year – (i) Two hundred working days for first class to fifth class.

(ii) Two hundred and twenty working days for sixth class to eighth class.

(iii) Eight hundred instructional hours per academic year for first class to fifth class.

(iv) One thousand instructional hours per academic year for sixth class to eighth class.”

 

That, in terms of the said enactment also, 1000 instructional hours have been prescribed and the same are in consonance with the other enactments and Affiliation Bye-laws of the CBSE. The copy of the Schedule under the Right of Children to Free and Compulsory Education Act, 2009 is annexed herewith as Annexure-3.

 

viii)    That, the Applicant No.1 requested for a meeting with the Respondent No.2 and, accordingly, a joint meeting was held in the office of the Respondent No.2. As there was an apprehension of increase in duty hours of the Teachers, the said issue was discussed in the said meeting and it was informed that no decision has been taken by the Board of Governors of Respondent No.2. The minutes of the meeting were prepared and all the discretions have been recorded in the said minutes of the meeting. The copy of the minutes of the meeting dated 12.01.2012 are annexed herewith as Annexure-4.

 

viii)    That the Board of Governors of the Respondent No.2 held its 91st meeting on 19.01.2012 and in the said meeting, at Supplementary Item No.1, the Committee approved various recommendations and also increased the timings of the Teachers from 6 hours 10 minutes in the School to 7 hours 30 minutes. The said minutes were passed arbitrarily, without following the mandatory provisions of the education code and referring the matter to the JCM. The copy of the minutes of the meeting dated 19.01.2012 is annexed herewith and marked as Annexure-5.

 

ix)    That, after the minutes of the meeting were passed and approved by the Board of Governors, the Respondent No.2 issued office memorandum on 17.02.2012 by which, in Clause 2, the School timings of the Teachers were increased from 6 hours 10 minutes to 7 hours 30 minutes, arbitrarily, without following the mandatory provisions of the education code and referring the matter to the JCM.

 

x)    That, as soon as the Applicant No.1 came to know about the said office memorandum, the Applicant No.1 submitted a detailed representation to the Respondents, requesting the Respondents to implement all the recommendations of the Right of Children to Free and Compulsory Education Act and also provide all the pending facilities to the Teachers who are working with the Respondents. The said representation dated 22.02.2012 was duly acknowledged by the Respondents. The copy of the said representation dated 22.02.2012 is annexed herewith as Annexure-6.

 

xi)    That the Applicant No.1 submitted a notice on 02.03.2012 of agitation and the same was duly acknowledged by the Respondents. The Applicant No.1 again on 09.03.2012 informed that, if the implementation of increased teaching hours is not kept in abeyance, the Applicant No.1 shall be compelled to do agitation on 16.03.2012. That the Respondent No.2 again sent letters on 13.03.2012, 14.03.2012 as well as on 14.03.2012 that, if the employees participate in the agitation, will take strict action, thus, threatened the Applicant No.1 and its members to raise their lawful demands. The copy of the said letters dated 09.03.2012, 13.03.2012, 14.03.2012 and 15.03.12012 are annexed herewith as Annexure-7(Colly).

 

xii)    That the applicant No.1 gave reply of all the letters issued by Respondent No.2, by its letter dated 15.03.2012 and informed that all the things mentioned in the Schedule of the RTE Act are required to be implemented and there should not be a pick and choose policy by the Government. The said letter dated 15.03.2012 was acknowledged by the Respondents. The copy of the said letter dated 15.03.2012 is annexed herewith as Annexure-8.

 

xiii)    That a ‘dharna’ was held on 16.03.2012 and a representation/ memorandum was submitted to the Respondents for withdrawal of the increase in the teaching hours and to implement the other important service conditions of the Teachers/Principals working in K.V.S. Along with the said representation, an excel sheet was prepared and in the said excel sheet it was demonstrated that, in fact, the Teachers in the K.V.S. are taking 1481 hour on yearly basis and, as such, it will be harsh on them stay back in the School after the School hours. The copy of the memorandum/representation dated 16.03.2012 is annexed herewith as Annexure-9.

 

xiv)    That, as the Respondents failed to give any reply to the Applicants and the implementation date of the said office memorandum is 01.04.2012, the Applicants, thus, are left with no other alternative, but to approach this Tribunal, inter alia, on the following Grounds

 

5.    Grounds for relief with legal provisions

A.    Because the actions of the Respondents are contrary to the facts and law and, thus, are liable to be set aside and quashed.

 

B.    Because, admittedly, the CBSE, which is the supreme body dealing with the education system in India, after thorough research, has framed the Affiliation Bye-laws and in terms of the said Bye-laws 32, the numbers of hours in a year has been prescribed, as such, the actions of the Respondents to increase the time is bad in law and liable to be quashed.

 

C.    Because, admittedly, under the Delhi School Education Act and Rules, again the timings have been prescribed and the said timings are mandatory for all and, if there is an increase in the timings, the same are contrary to the said rules and, therefore, liable to be quashed.

 

D.    Because, admittedly, the RTE Act, 2009 has been passed and the Schedule has been prepared in the said enactment, however, the Respondents are choosing the policy of pick and choose and are not implementing the said Schedule in toto. Thus, the actions of the Respondents are bad and violative of Articles 14, 16 and 21 of the Constitution of India.

 

E.    Because, admittedly, in the Schedule also it has been mentioned about the minimum number of working days/instructional hours in an academic year as well as minimum number of working hours per week for a teacher, hence, the increase in the working hours are contrary to the said enactment and provisions of the RTE Act. Therefore, the said office memorandum dated 17.02.2012 is liable to be quashed.

 

F.    Because, admittedly, the Respondents cannot violate the provisions of Affiliation Bye-laws framed by the CBSE, otherwise, the affiliation granted by the CBSE to the Respondent No.2 shall be withdrawn, hence, the actions of the Respondents in enhancing the teaching timings are bad in law.

 

G.    Because, admittedly, under the education code of the Respondent No.2, the JCM has been formed, however, instead of putting the proposal to the JCM first, the Respondent No.2 passed the resolution and increased the hours, hence, the actions of the Respondents are bad and contrary to the various provisions of the education code and liable to be quashed.

 

H.    Because, admittedly, the Respondents have failed to grant benefits to the Teachers and Principals working with them, i.e., MACP, extension of age of superannuation, conversion of CPF to GPF, which are being enjoyed by the other employees of the Respondent No.2, except the Teachers and Principals. Hence, burdening the Teachers with excess time is contrary to the basic provisions of law and amounts to getting begar from the Teachers.

 

I.    Because, admittedly, in terms of the Affiliation Bye-laws, if the time is increased, the Teachers are entitled to get the remuneration from the Management/Respondent No.2, but in the present case, the Respondents are not going to pay the remuneration for their extra hours of work. Hence, the actions of the Respondents are bad, illegal and void ab initio.

 

J.    Because, admittedly, the Schools start functioning at 7.30 AM all over India and the Teacher has to leave his house practically by 6.30/6.45 AM, meaning thereby that he is not in a position to take his breakfast and can take breakfast only during the reassess time which is 20 minutes, but a Teacher cannot even take his breakfast during the reassess time as he has to take care of the students during the reassess time also. Hence, the actions of the Respondents in increasing the time from 6 hours 10 minutes to 7 hours 30 minutes is violative of Article 21 of the Constitution of India.

 

K.    Because, admittedly, the Schools all over India closes at 1.40 PM, where there is single shift, and where there is double shift it closes at 12.20 and opens at 7.00 AM. Thus, by increasing by timing to 1 hour 20 minutes, the Teacher again shall not be in a position to take his lunch on time and, as such, it amounts to treat them inhumanly and contrary to the provisions of Article 21 of the Constitution of India, as the Teacher may not be able to live with dignity as he will not be in a position to take breakfast and lunch on time.

 

L.    Because, looking from any angle, the Teachers are taking the books/ copies of the students to their home and devote their time at home irrespective of number of hours devoted by them for the welfare of the students, hence, the action of the Respondents in increasing the timings is bad in law and liable to be quashed.

 

M.    Because, admittedly, change in the timings amounts to change in the service conditions of the Teachers and that too to their disadvantage and without issuing any show cause notice or following the principles of natural justice, the service conditions of the Teachers to their disadvantage cannot be changed, hence, the actions of the Respondents are violative of Articles 14, 16 and 21 of the Constitution of India.

 

N.    Because, looking from any angle, under the doctrine of equity, justice and good conscience, the actions of the Respondents in increasing the timing are bad, illegal and unconstitutional, without providing the basic amenities to them.

 

6. Details of the remedies exhausted

    That the Applicant declares that the Applicant has availed all the remedies available to him under the relevant Rules.

 

7.    Matters not previously filed/pending with any other Court

    That the Applicant further declares that the Applicant has not previously filed any Application, Writ Petition or Suit regarding the matter in respect of which this Application has been made, before any Court or any other Authority or any other Bench of the Tribunal, nor any such Application, Writ Petition or Suit is pending before any of them.

 

8.    Relief sought

It is most respectfully prayed that Your Lordships may graciously be pleased to :

 

(i)    quash the Clause 2/Serial No.2 of the Office Memorandum dated 17.02.2012 by which the timings of Teachers have been increased ;

 

(ii)    direct the Respondents to implement the complete Schedule of the Right of Children to Free and Compulsory Education Act, 2009 ; and

 

(iii)    pass any other orders or directions as may be deemed fit and proper in the interest of justice.     

 

9.    Interim relief, if any, prayed for

It is most respectfully prayed that Your Lordships may graciously be pleased to :

 

(i)    stay the operation of Clause No.2/Serial No.2 of the Office Memorandum dated 17.02.2012, till the final disposal of the O.A. pending before this Hon’ble Tribunal ; and

 

(ii)    pass any other orders or directions as may be deemed fit and proper in the interest of justice.

 

10.    Not applicable

 

11.    Particulars of the IPO

    1.    Number of Indian Postal Order :

    2.    Name of issuing Post Office :

    3.    Date of issue :

    4.    Post Office at which payable :

 

                                    APPLICANTS

 

Through

 

 

 

(SARVESH BISARIA & ASSOCIATES)

                     Advocates for the Applicants

 

Verification

 

I. S.S. Malik (General Secretary of the Applicant No.1), S/o. Shri. Ram Swarup Malik, aged about 51 years, R/o.513, Sector-21C, Faridabad, Haryana, presently having come down to Delhi, do hereby verify that the contents of paras 1 to ….. of the O.A. are true to my knowledge and belief and paras … to… believed to be true on legal advice and that I have not suppressed any material facts.

 

 

                                 (S.S. MALIK)

                                 Applicant No.1.

New Delhi.

Filed on :

 

 

Verification

I. A.S. Majumdar, S/o. Haldar Majumdar, Aged about 59 years, R/o. B-81, 2nd Floor, Sohna Road, Gurgaon, Haryana, presently having come down to Delhi, do hereby verify that the contents of paras 1 to ….. of the O.A. are true to my knowledge and belief and paras … to… believed to be true on legal advice and that I have not suppressed any material facts.

 

 

 

                                    (A.S.MAJUMDAR)

                                 Applicant No.2

 

New Delhi.

Filed on :

 

 

Verification

I. Dr. S.B. Singh, S/o. Late R.N. Singh, Aged about 48 years, R/o. Flat No.1/143, Jagat Puri, New Delhi-110051, do hereby verify that the contents of paras 1 to ….. of the O.A. are true to my knowledge and belief and paras … to… believed to be true on legal advice and that I have not suppressed any material facts.

 

 

                                    (DR. S.B.SINGH)

                                 Applicant No.3

 

New Delhi.

Filed on :

 

IN THE CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI.

 

M.A.NO. OF 2012

IN

O.A. NO. OF 2012

 

 

IN THE MATTER OF

All India Kendriya Vidhyalaya Teachers’ Association

Through its General Secretary & Ors.                 …APPLICANTS

 

Versus

Union of India & Ors.                     …RESPONDENTS

APPLICATION UNDER RULE 4(5) OF THE C.A.T. RULES, FOR

JOINING TOGETHER THE ABOVE NAMED APPLICANTS

 

THE ABOVE NAMED APPLICANT MOST RESPECTFULLY SUBMITS AS FOLLOWS

 

1.    The Applicants have filed the present O.A. before this Hon’ble Tribunal, challenging Serial No.2 of the Office Memorandum dated 17.02.2012, by which the timing of the Teachers have been increased from 6 hours 10 minutes to 7 hours 30 minutes, and the same is pending for admission and hearing before this Hon’ble Tribunal.

 

2.    That the interest of both the Applicants are common as the Applicant No.1 is the Association of Teachers/Principals on all India basis and Applicant No.2 is an individual Teacher, who shall also be affected by the office memorandum dated 17.02.2012. Hence, in the interest of justice that the Applicants most humbly request this Hon’ble Tribunal to allow the Applicants for joining together as there is common cause of action in their favour and against the Respondents.

 

PRAYER

It is most respectfully prayed that Your Lordships may graciously be pleased to :

 

(i)    allow joining together of the Applicants in terms of Rule 4(5) of the Central Administrative Tribunal Rules ; and

 

(ii)    pass any other orders or directions as may be deemed fit and proper in the interest of justice.

 

                                APPLICANTS

 

Through

 

 

 

(SARVESH BISARIA & ASSOCIATES)

                     Advocates for the Applicants

 

Verification

 

I. S.S. Malik (General Secretary of the Applicant No.1), S/o. Shri. Ram Swarup Malik, aged about 51 years, R/o.513, Sector-21C, Faridabad, Haryana, presently having come down to Delhi, do hereby verify that the contents of paras 1 to ….. of the O.A. are true to my knowledge and belief and paras … to… believed to be true on legal advice and that I have not suppressed any material facts.

 

                                 (S.S. MALIK)

                                 Applicant No.1.

New Delhi.

Filed on :

 

 

Verification

I. A.S. Majumdar, S/o. Haldar Majumdar, Aged about 59 years, R/o. B-81, 2nd Floor, Sohna Road, Gurgaon, Haryana, presently having come down to Delhi, do hereby verify that the contents of paras 1 to ….. of the O.A. are true to my knowledge and belief and paras … to… believed to be true on legal advice and that I have not suppressed any material facts.

 

 

 

                                    (A.S.MAJUMDAR)

                                 Applicant No.2

 

New Delhi.

Filed on :

 

 

Verification

I. Dr. S.B. Singh, S/o. Late R.N. Singh, Aged about 48 years, R/o. Flat No.1/143, Jagat Puri, New Delhi-110051, do hereby verify that the contents of paras 1 to ….. of the O.A. are true to my knowledge and belief and paras … to… believed to be true on legal advice and that I have not suppressed any material facts.

 

 

                                    (DR. S.B.SINGH)

                                 Applicant No.3

 

New Delhi.

Filed on :

 


SYNOPSIS AND LIST OF DATES

 

    That the Applicant No.1 is the registered and recognized Association of Teachers and Principals working in Kendriya Vidhyalaya throughout India. The said Association is looking after the welfare activities of its members as also taking issues which are contrary to the various enactments. The said Association is also protecting the service conditions of the Teachers and Principals working in Kendriya Vidhyalaya Sanghatan on All India basis. The General Secretary of the said Association is duly authorized and competent person to file the present Application before this Hon’ble Tribunal.

 

That the Applicant No.2 has been working as Teacher in the Kendriya Vidhyalaya Sanghatan and his interest is also similar to that of the Applicant No.1 and also the Applicant is going to be affected by the said order dated 17.02.2012.

 

That the Central Board of Secondary Education was formed by the Government of India to regulate the education system in India. The said Central Board of Secondary Education framed Affiliation Bye-Laws, which are mandatory in nature as all the Schools throughout India who are affiliated to the CBSE are required to follow the same and, if the said Affiliation Bye-Laws are not followed, the CBSE has the power to withdraw the affiliation given by them in terms of Clause 17 and 18 of the said Bye-Laws.

 

That, in the said Affiliation Bye-Laws, the CBSE also laid down the service rules for the employees and in the said service rules it has been mentioned in Bye-Law 32, which reads as under :

 

             “32. Number of teaching periods.

1. Normally a teacher should be engaged as a whole time employee except in special cases because of the nature of a subject where the work load does not justify a whole time teacher.

2. Every teacher shall devote in a year not less than 1200 hours to the teaching of students, out of which not more than 200 hours may be required to be devoted for the coaching in the school premises, of weak or gifted students, whether before or after the school hours.

Provided that if any teacher is required to devote more than 1200 hours to the teaching of students, extra remuneration shall be paid to him at such rate as may be determined, by the managing committee, for every hour in excess of 1200 hours devoted by him to the teaching of students.

3. In the case of an aided school, the extra remuneration referred to in sub-rule 32(3) shall be subject to the previous approval of the grant-in-aid authority to qualify for aid of 95 percent of such extra remuneration, and in the case of an unaided recognized school, such extra remuneration may be recovered from the students at such proportionate rate as may be determined by the managing committee.”

 

In terms of the said Bye-Law, every Teacher is required to devote 1200 hours in a year to the teaching out of which 200 hours are required to be devoted for the coaching in the school premises of weak or gifted students. It has also been mentioned that, if the Teacher is required to devote more time, he/she shall be paid extra remuneration for every hour in excess of 1200 hours.

 

That the Parliament enacted Delhi School Education Act and, accordingly, rules were also framed under the said Act of 1973. Under the said Rules, Rule 31 prescribes the maximum and minimum number of working hours for the Teachers. The said Rule 31 reads as under :

 

“31. School hours. – (1) The Director shall, by order, specify the time at which all schools, other than unaided recognized private schools, shall commence and conclude the daily school hours and different timings may be specified for different seasons of the year or for schools running in one shift or multiple ships.

Provided that the total school hours in a year for the middle and higher secondary stage of education shall not, ordinarily be less than 1000 hours.

Provided further that in addition to 1000 school hours, a teacher may be required to devote not more than 200 hours in a year for remedial or other teaching.

(2)    The unaided recognized schools may specify their own timings but, in any case, the total school hours in a year shall not be less than 1000 hours.

Provided that in addition to 1000 school hours, a teacher may be required to devote not more than 200 hours in a year for remedial or other teaching.”

 

That, in terms of the said Rules, a Teacher is required to teach 1000 hours in a year and not more than 200 hours in a year for remedial or other teaching. As such, under the said enactment also, the maximum teaching hours to a Teacher has been prescribed.

 

01.04.2010    That the Right of Children to Free and Compulsory Education Act was passed by the Parliament for strengthening of education system in India and also to give effect to the directive principles enumerated in the Constitution. The said enactment was notified and came into force with effect from 01.04.2010.

 

That, in terms of the said Act, a Schedule has been prepared in the said Act, under which it has been again mentioned in Sl. No.3 of the said Schedule about the minimum number of working days/instructional hours in an academic year, which reads as under :

“Sl. No.3. Minimum number of working days/instructional hours in an academic year – (i) Two hundred working days for first class to fifth class.

(ii)     Two hundred and twenty working days for sixth class to eighth class.

(iii) Eight hundred instructional hours per academic year for first class to fifth class.

(iv) One thousand instructional hours per academic year for sixth class to eighth class.”

 

That, in terms of the said enactment also, 1000 instructional hours have been prescribed and the same are in consonance with the other enactments and Affiliation Bye-laws of the CBSE.

 

12.01.2012    That, the Applicant No.1 requested for a meeting with the Respondent No.2 and, accordingly, a joint meeting was held in the office of the Respondent No.2. As there was an apprehension of increase in duty hours of the Teachers, the said issue was discussed in the said meeting and it was informed that no decision has been taken by the Board of Governors of Respondent No.2. The minutes of the meeting were prepared and all the discretions have been recorded in the said minutes of the meeting.

 

19.01.2012    That the Board of Governors of the Respondent No.2 held its 91st meeting on 19.01.2012 and in the said meeting, at Supplementary Item No.1, the Committee approved various recommendations and also increased the timings of the Teachers from 6 hours 10 minutes in the School to 7 hours 30 minutes. The said minutes were passed arbitrarily, without following the mandatory provisions of the education code and referring the matter to the JCM.

 

17.02.2012    That, after the minutes of the meeting were passed and approved by the Board of Governors, the Respondent No.2 issued office memorandum on 17.02.2012 by which, in Clause 2, the School timings of the Teachers were increased from 6 hours 10 minutes to 7 hours 30 minutes, arbitrarily, without following the mandatory provisions of the education code and referring the matter to the JCM.

 

22.02.2012    That, as soon as the Applicant No.1 came to know about the said office memorandum, the Applicant No.1 submitted a detailed representation to the Respondents, requesting the Respondents to implement all the recommendations of the Right of Children to Free and Compulsory Education Act and also provide all the pending facilities to the Teachers who are working with the Respondents. The said representation dated 22.02.2012 was duly acknowledged by the Respondents.

 

02.03.2012    That the Applicant No.1 submitted a notice on 02.03.2012 of

to

15.03.2012    agitation and the same was duly acknowledged by the Respondents. The Applicant No.1 again on 09.03.2012 informed that, if the implementation of increased teaching hours is not kept in abeyance, the Applicant No.1 shall be compelled to do agitation on 16.03.2012. That the Respondent No.2 again sent letters on 13.03.2012, 14.03.2012 as well as on 14.03.2012 that, if the employees participate in the agitation, will take strict action, thus, threatened the Applicant No.1 and its members to raise their lawful demands.

 

15.03.2012    That the applicant No.1 gave reply of all the letters issued by Respondent No.2, by its letter dated 15.03.2012 and informed that all the things mentioned in the Schedule of the RTE Act are required to be implemented and there should not be a pick and choose policy by the Government. The said letter dated 15.03.2012 was acknowledged by the Respondents.

 

16.03.2012    That a ‘dharna’ was held on 16.03.2012 and a representation/ memorandum was submitted to the Respondents for withdrawal of the increase in the teaching hours and to implement the other important service conditions of the Teachers/Principals working in K.V.S. Along with the said representation, an excel sheet was prepared and in the said excel sheet it was demonstrated that, in fact, the Teachers in the K.V.S. are taking 1481 hour on yearly basis and, as such, it will be harsh on them stay back in the School after the School hours.

 

01.04.2012    That, as the Respondents failed to give any reply to the Applicants and the implementation date of the said office memorandum is 01.04.2012, the Applicants, thus, are left with no other alternative, but to approach this Hon’ble Tribunal by way of this Application.

 

27.03.2012    The Original Application is filed.

 

 

                 (SARVESH BISARIA & ASSOCIATES)

                     Advocates for the Applicants

 

IN THE CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI.

 

O.A. NO. OF 2012

 

 

IN THE MATTER OF

All India Kendriya Vidhyalaya Teachers’ Association

Through its General Secretary & Ors.                 …APPLICANTS

 

Versus

Union of India & Ors.                     …RESPONDENTS

 

I N D E X

 

Sl.No. 

Particulars 

Pages 

C/Fee 

       

Compilation-I

   

1. 

Synopsis and List of Dates

   

2. 

Application under Section 19 of the Administrative Tribunals Act. 

   

3. 

Annexure-1

Copy of the office memorandum dated 17.02.2012.

   

Compilation-II

   

4. 

Annexure-2 The copy of the relevant extracts of Affiliation Bye-laws of CBSE.

   

5. 

Annexure-3 The copy of the Schedule under the Right of Children to Free and Compulsory Education Act, 2009.

   

6. 

Annexure-4 The copy of the minutes of the meeting dated 12.01.2012.

   

7. 

Annexure-5 The copy of the minutes of the meeting dated 19.01.2012.

   

8. 

Annexure-6 The copy of the representation dated 22.02.2012.

   

9. 

Annexure-7(Colly) The copy of the letters dated 09.03.2012, 13.03.2012, 14.03.2012 and 15.03.12012.

   

10. 

Annexure-8 The copy of the letter dated 15.03.2012.

   

11.

 

 

12.

Annexure-9 The copy of the memorandum/ representation dated 16.03.2012.

 

Application under Section 4(5) of the Administrative Tribunals Act, for joining together of the Applicants.

   

13. 

Vakalatnama 

   

 

 

             (SARVESH BISARIA & ASSOCIATES)

                     Advocates for the Applicants

New Delhi.

Filed on :

 

EXTRACTS OF RESOLUTION DATED 27.03.2012

 

It has been resolved in this Standing Committee on 27.03.2012 that Clause 2 of the Office Memorandum dated 17.02.2012 by which the timing has been increased to be challenged in the Central Administrative Tribunal, Principal Bench, New Delhi. Accordingly, Shri. S.S. Malik, General Secretary of the Association, hereby, authorized to sign and act on behalf of the Association and also to verify all the pleadings and documents in respect of the proposed Original Application.

 

 

                             (S.S. MALIK)

                             Authorized Signatory

 

Dated : 27.03.2012            

                            

IN THE CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

M.A. NO.             OF 2012

IN

O.A. NO. 1057 OF 2012

 

 

 

All India Kendriya Vidhyalaya Teacher’s Association

Through its General Secretary & Ors.             …..Applicants

 

 

Versus

 

 

Union of India & Ors.                         …..Respondents

 

 

 

APPLICATION FOR AMENDMENT OF THE OA UNDER ORDER 6 RULE 17 READ WITH SECTION 151 CPC

 

 

    The above named applicants most humbly submit as under :-

 

 

1.     The applicants have filed the present OA before this Hon’ble Tribunal, challenging serial no. 2 of the Office Memorandum dated 17.02.2010, by which the timing of the Teachers have been increased from 6 hours 10 minutes to 7 hours 30 minutes, and the same is pending for admission and hearing before this Hon’ble Tribunal.

 

2.     That the applicant filed the OA before this Hon’ble Tribunal on 28th of March 2012 hurriedly, as the respondents failed to give any reply to the representations and memorandum submitted by them to implement the schedule as well as the other benefits in terms of the memorandum and demands of the teachers of KVS.

 

3.     That as the matter was urgent in nature and the respondents were going to implement the office memorandum dated 17th February 1012 w.e.f. 1st April 2012, the applicants hurriedly filed the OA before this Hon’ble Tribunal.

 

4.     That due to typing errors, in paragraphs 4 (xiii) word ‘not’ is missing in the first line which read as “that a Dharna was held” instead of this it should have been “that a Dharna was not held”, as well as similarly at page (h) of the OA at date 16.03.2012 again instead of “Dharna was held” it should have been written “Dharna was not held”, and the said typographical error has been noticed immediately and, therefore, the applicants are filing the present application to rectify the said typing error on record.

 

5.     That the applicants most humbly submit that again there is a typing error in paragraph 8 of the OA in the relief clause as inadvertently two prayers are missing at serial no. 1 & 3 which should have been as under :-

 

  1. Decision taken by the Board of Governors of respondents no. 2 in its meeting dated 19.1.2012 i.e. supplementary item no. 1 (supplementary item no. 1) being contrary to the affiliation bye-laws of CBSE and also contrary to the education code prepared by the respondent no. 2, and further quash the clause 2 serial no. 2 of the office memorandum dated 17.2.2012, by which the timing of the teachers in the school has been increased.

    (iii)     Direct the respondents to pay the extra remuneration in terms of affiliation bye-laws 32 of the affiliation bye-laws framed by the CBSE.

 

  1. That the said OA was listed before this Hon’ble Court on 30.3.2012, and on hearing this Hon’ble Tribunal has been pleased to issue notice to the respondents, and the respondents have accepted the notices of this Hon’ble Court.

 

  1. That the OA is at preliminary stage, and the reply has also not been filed by the respondents, and, therefore, it is at preliminary stage. That the said typing errors are inadvertent and bonafide and without any other reasons. That no prejudice shall be caused to the respondents if the said typing errors are allowed to be cured and the amended OA is taken on record by this Hon’ble Tribunal, as the OA is at preliminary stage.

 

  1. That in the interest of justice, the applicants most humbly requests this Hon’ble Tribunal to take on record the amended OA filed by the present applicants and allow the applicants to cure the typing errors committed.

 

PRAYER

 

 

    It is, therefore, most respectfully prayed that Your Lordships may graciously be pleased to allow the present application and take on record the amended OA or may pass any other order or directions as may deem fit and proper in the interest of justice.

 

 

 

SARVESH BISARIA & ASSOCIATES

ADVOCATE FOR THE APPLICANTS

 

 

4 Comments

  • sonia says:

    Dictatorship should end!Long live AIKVTA!

  • MJ says:

    What i understand is that since KVS schools are run under the affiliation of CBSE which KVS cannot deny.

    Hence if no of hours (1200) have been prescribed for teachers then if the total hours work out to be more than 1200hrs then it is illegal of kvs to take more work than prescribed by the affiliation authority and amounts to exploitation.
    THE POINT IS TOTALLY VALID.

    SECOND POINT IS THAT THE KVS ADMINISTRATION INTENTION IS NOT FAIR TOWARDS ITS TEACHING COMMUNITY AS HAS BEEN DEMONSTRATED IN ITS PAST ACTION RELATED TO GENUINE DEMANDS OF TEACHERS FOR EQUALITY & EQUITY WITH NON TEACHING STAFF OF KVS.

    1.MACP – The sixth pay commission had recommended two grade pay up gradations after 12 years each for all central government employees. But the cabinet approved 3 grade pay up-gradations after 10 years each.

    Now the kvs management has accepted for non teaching staff of kvs the modified ” 3 grade pay up gradations after 10 years each ” but similar ” 3 grade pay up-gradations for teachers they are not accepting.

    Where as Delhi school teachers UNDER THE DELHI GOVERNMENT are getting “3 pay up-gradation after 10 years each and so is the other state government school teachers.

    Further to add the BOG OF KVS HAS APPROVED MACP FOR TEACHERS , MHRD RECOMMEDED IT AND SEEK THE ADVICE OF EXPENDITURE MINISTRY AND DOPT. BOTH HAVE SAID THAT THEY HAVE NO OBJECTION FOR GRANT OF MACP TO TEACHERS AND HAVE LEFT THE DECISION ON MHRD. It is sitting on it for more than six months now.

    This PROVES THAT MHRD/KVS MANAGEMENT HAVE A NEGATIVWE BIAS TOWARDS KVS TEACHERS.

    2. CGHS MEDICAL FACILITY. – The only institution where medical facility is also partially EXTENDED to majorly benefit the non teaching / management employees of kvs. How can an institution do this that an essential facility like health care is also denied to teachers ON WHAT GROUNDS NO BODY KNOWS. The management of KVS is only interested in its personal welfare and where clerks object they oblige them too but THE POOR TEACHER IS LEFT SULKING.

    3. Five days a week – Again here the non teaching / management enjoys five days a week and when it comes to giving the same to teachers the argument given is that that in kvs there is lot of paper work therefore it is not possible. I NEED TO KNOW THAN WHO IS THE MANAGEMENT ABLE TO DO ITS WORK IN FIVE DAYS WEEK OR THAT THEY HAVE NO WORK.

    Though there are many more such points but the point i wish to make is that the kvs management has a negative bias towards teachers and i expect the same to continue. The only way the kvs teachers can get some relief is through courts only. Hence i feel the struggle is not over yet.

    If one is right and just than perseverance pays sooner or latter.

  • Mahesh Agarwal says:

    Sir,

    As a protest against the anti-teachers policies of KVS, we should bycott all functions on Teachers Day and refuse to take Teachers’ Day Award as a solidarity towards sufferings our own teacher community.

  • Dr. Ajay says:

    We must not participate in any of teacher’s day celebrations, rather we should celebrate it as a black day and wear black badges

Leave a Reply

Your email address will not be published. Required fields are marked *