[2026:RJ-JP:1569-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 9279/2019 1. The Commissioner, Kendriya Vidyalaya, Sangathan- 18, Institutional Area, Shaheed Jeet Marg, New Delhi- 110016 2. The Assistant Commissioner, Kendriya Vidyalaya San- gathan, Regional Office, 92, Gandhi Nagar Marg, Bajaj Nagar, Jaipur. ----Petitioners Versus 1. Narendar Singh S/o Shri Jagdish Singh, R/o 4-Jj, Shriram Nagar, Jhotwara, Jaipur (Retd. Udc From - Kendriya Vidyalaya Sangathan, Jaipur) 2. Union Of India, Through Secretary, Department Of Educa- tion, Minstry Of Human Resource Development, New Delhi. ----Respondents For Petitioner(s) : Mr. Krishna Verma, Adv. For Respondent(s) : Mr. Amit Mathur, Adv. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE RAVI CHIRANIA Order 15/01/2026 1. Learned counsel for the petitioners submits that the Central Administrative Tribunal (‘Tribunal’ for short) while deciding the original application filed by the respondents herein, has not considered the Circular/Office Memorandum dated 09.08.1999, more particularly Condition No.5.1 of (Annexure-1) attached thereto, which provides for the conditions for grant of benefits under the ACP Scheme. He relied upon the judgment passed by the Hon’ble Supreme Court in the matter of ‘Union of India & Ors. vs. Manju Arora & Anr.’ reported in (2022) 2 SCC 151. 2. Learned counsel for the respondents opposed the submission made on behalf of the petitioners. [2026:RJ-JP:1569-DB] (2 of 2) [CW-9279/2019] 3. We have perused the record including the office memorandum dated 09.08.1999 as well as the Annexure-1 attached thereto, which provides for the conditions for grant of benefits under the ACP Scheme and find that the same has been considered by the Hon’ble Supreme Court in the matter of Union of India (supra) but the same was not considered by the Tribunal. 4. In the facts and circumstances before us, while setting aside order of the Tribunal we deem it just and proper to remand the matter back to the Tribunal to consider it afresh in the light of condition no.5.1 of the Annexure-1 attached to the office memorandum dated 09.08.1999 as well as judgment of the Hon’ble Supreme Court in the matter of Union of India (supra). 5. In that view of the matter, the writ petition is allowed and the order passed by the Tribunal dated 16.10.2018 in O.A. No.199/2012 is set aside. The matter is remanded back to the Tribunal for fresh consideration in the light of the above observations in accordance with law and the same is expected to be decided expeditiously. The parties are directed to appear before the Tribunal on 04.02.2026. (RAVI CHIRANIA),J (INDERJEET SINGH),J Ravi Khandelwal – 29