SMT. VIDYAWATI DEVI v. SMT. NIDHI PANDEY COMMISSIONER KENDRIYA VIDYALAYA SANGATHAN, NEW DELHI AND OTHERS
/2077/2024 · 2025-01-24
Manish Kumar Nigam
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 139180 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139180 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4762 Court No. - 18 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2077 of 2024 Applicant :- Smt. Vidyawati Devi Opposite Party :- Smt. Nidhi Pandey Commissioner Kendriya Vidyalaya Sangathan, New Delhi And Others Counsel for Applicant :- Dinesh Kumar Tandon Counsel for Opposite Party :- Pushpila Bisht Hon'ble Manish Kumar Nigam,J.
1. This contempt application has been filed for non compliance of order dated 15.04.2024 wherein the writ petition was
disposed of in terms of the order passed by Apex Court in Special Leave to Appeal No. 24825 of 2023 titled Kendriya Vidyalaya Sangathan and others v. Smt. Neena Khatri. 2. The Supreme Court has directed to drop the transfer orders and it was directed that options will be called by the respondent authorities from the transferee teachers and will make an effort to accommodate them as per their choice. 3. Learned counsel for the opposite party states that the applicant was given three options out of which he has been posted to one of the places opted by the applicant. 4. Learned counsel for the applicant submits that it is correct that one of his options has been accepted and he has joined on the newly transferred post but the salary of the intervening period is not being paid to the applicant. 5. Learned counsel for the applicant further submitted that he has moved an application through e-mail for regularization of his leave and salary. 6. On the application so moved by the applicant, an order dated 21.06.2024 was passed by Deputy Commissioner (Admin) mentioning therein that the gap period can be regularized by granting leave kind of due in their leave account and if there is no regular leave due in their leave account, it can be regularized after granting EOL (without pay) as per the CCS Leave Rules,
1972. The payment of salary can be released after granting leaves. This order is anenxed at page no. 34 of the affidavit filed by the opposite party. 7. Thereafter in affidavit filed along with the application dated 21.12.2024 by the opposite party, it has been mentioned that the applicant was called upon to submit an application on
11.07.2024. Thereafter, lastly on 04.10.2024 but no application has been submitted by the applicant. 8. Since, the Supreme Court in paragraph no. 9 has left it open with the KVS Authority to regularize the gap period by appropriate orders, the KVS Authorities have taken a decision which was communicated to the applicant and thereafter, he was asked to submit leave application. 9. In my view, nothing further can be done in this contempt application and no further orders are required to be passed. 10. Accordingly, this contempt application is consigned to record. 11. Notices, if any, are discharged. 12.
It is further provided that in case, the applicant moves an application for leave, the same shall be considered and decided as per the decision of the competent authority. 13. Liberty is also given to the applicant to challenge the order passed by the competent authority for regularization of leave in case, he is aggrieved with the order.
Order Date :- 24.1.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad, Lucknow Bench