LRS KALPANA DEVLEKAR vs M/o Human Resource Development

OA No. 200/00173/2018
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL
JABALPUR BENCH
JABALPUR .

Original Application No. 173 of 2018

th
This Tuesday, the 13 day of October, 2026

HON’BLE SHRI RAJINDER SINGH DOGRA, JUDICIAL MEMBER
HON’BLE SMT MALLIKA ARYA, ADMINISTRATIVE MEMBER

Kalpana Devlekar, W/o Late Shri Shailesh Devlekar, DOB: 17.10.1964,
Occupation: Housewife, R/o- 151B, Silver Oaks Colony, Annapurna
Road, Indore (M.P.) 452009
-Applicant

By Adv: Shri Devanshu Nandy
V E R S U S

1. Union of India, through its Secretary, Ministry of Human Resources
and Development, Shastri Bhawan, New Delhi 110022
2. Commissioner, Navodaya Vidyalaya Samiti, Department of School
Education and Government of India, B/15, Institutional Area Sector 62,
NOIDA, Gautom BudhhNagar, District UP 201309
3. Deputy Commissioner, Navodaya Vidyalaya Samiti, Regional Office,
Bhopal 462001.
……..Respondents
By Adv: Shri D S Baghel


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O R D E R
By Mallika Arya, AM

This Original Application has been filed by the applicant being
aggrieved with the inaction of the respondents in not granting him the
benefit of Selection Scale after completion of 24 years of service. He is
seeking a direction to the respondents to extend the benefit of the
judgment dated 04.08.2017 (Annexure A/4) passed by CAT, Ernakulam
Bench in O.A. No. 180/00627/2016 (N. Krishna Kumar Vs. NVS) and
grant him Selection Scale from the date of entitlement with all
consequential benefits.
2. During the pendency of this Original Application, Shri Shailesh
Devlekar (original applicant) has expired. Thereafter, M.A./542/2025
was allowed by this Tribunal vide order dated 25.07.2025, for bringing
the LR i.e. Kalpana Devlekar, wife of Late Shri Shailesh Devlekar on
record.
3. The husband of the applicant was initially appointed as Upper
Division Teacher (UDT) in the pay scale of Rs. 246-460 (revised to Rs.
1400-2660) under the State Government of Madhya Pradesh vide order
dated 24.01.1981. He was transferred on deputation to Jawahar
Navodaya Vidyalaya, Alirajpur, Distt. Jhabua as Trained Graduate
Teacher (TGT) in the pay scale of Rs. 1400-2660 on 07.11.1986.
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Subsequently, he was permanently absorbed in Navodaya Vidyalaya
Samiti (NVS) w.e.f. 01.05.1989 after acceptance of his technical
resignation by the parent department. As per NVS (Navodaya Vidyalaya
Samiti) norms, upon completion of 12 years service from the date of
absorption, the applicant was granted Senior Scale w.e.f. 01.05.2001
vide order dated 25.11.2002. The respondents have not counted his past
service rendered in the State Govt. of M.P. for the purpose of grant of
Senior Scale. Feeling aggrieved, the deceased employee filed O.A. No.
594/2010 before this Tribunal, which was allowed vide common order
dated 23.07.2015 (Annexure A/1). In compliance of the same, the
respondents revised the date of grant of Senior Scale by counting his
past service vide order dated 24.04.2017 (Annexure A/2) and he was
given the benefit of senior scale w.e.f. 05.02.1993. After grant of Senior
Scale, he became entitled for grant of Selection Scale on completion of
further 12 years of service (i.e. total 24 years). However, the
respondents have denied the same on the ground that the deceased
employee did not possess the prescribed qualification i.e. Post-
Graduation in the concerned subject, which was mandatory for
promotion to the higher post as per NVS Recruitment Rules. He
preferred a representation dated 22.08.2017 (Annexure A/3) to the
Deputy Commissioner, NVS, RO Bhopal, on the principle of parity with
KVS teachers. The same had not been decided as yet. The applicant has
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placed reliance on the Ernakulam Bench of this Tribunal in O.A. No.
180/00627/2016 (N. Krishna Kumar Vs. NVS) wherein vide order dated
04.08.2017 (Annexure A/4) directions were given for grant of Selection
Scale without insisting on the higher qualification criteria.
4. In their reply, the respondents have submitted that the applicant’s
husband was granted Senior Scale vide order dated 25.11.2002.
Thereafter, benefit of past service was granted to him in compliance
with the order of this Tribunal dated 23.07.2015 (Annexure A/1). For
grant of Selection Scale, the case of employee was considered on
completion of 12 years in Senior Scale. However, he was found
ineligible as he did not possess higher qualification (P.G. in
Mathematics) as required under the Rules for TGT (Mathematics), since
it is a promotional post. Reliance placed upon the judgment of
Ernakulam Bench in N. Krishna Kumar (supra) is applicable only to
Misc. Category Teachers and not to subject teachers like TGT (Maths).
Moreover, no representation dated 22.08.2017 was received in the office
of Deputy Commissioner, NVS, RO Bhopal. All retiral benefits as
admissible have already been given to him (Annexure R/4).
5. In the rejoinder, the applicant has specifically denied the contention
of non-receipt of representation dated 22.08.2017 and has filed a copy
of the same as (Annexure RJ/2). He has further reiterated that his
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counterparts in KVS have been granted Selection Scale without insisting
on criteria of higher qualification in light of the judgment of Ernakulam
Bench (supra).
6. We have considered the matter, heard the counsels and perused the
pleadings and documents annexed with the Original Application.
7. It is a fact on record that Late Shri Shailesh Devlekar was initially
appointed as UDT under the Government of Madhya Pradesh on
24.01.1981. Thereafter, he came on deputation as TGT to NVS on
07.11.1986. He was permanently absorbed w.e.f. 01.05.1989. He was
granted Senior Scale w.e.f. 01.05.2001. This Tribunal vide order dated
23.07.2015 passed in O.A. No. 594/2010 (Annexure A/1), directed for
counting his past service rendered in the State Govt. for grant of Senior
Scale. The said order was complied vide order dated 24.04.2017
(Annexure A/2) and the applicant was granted the benefit of senior scale
w.e.f. 05.02.1993. Through this Original Application, the applicant is
seeking grant of Selection Scale after completion of 24 years of service
as the same has been denied to him on the ground that he did not
possess the educational qualification required for grant of selection
scale.
8. The grant of Senior Scale and Selection Scale in NVS are governed
by instructions issued vide letter dated 06.11.2000 (Annexure R/2) and
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also by subsequent clarifications. The scheme provides that a teacher
becomes eligible for Senior Scale after 12 years and Selection Scale
after further 12 years (total 24 years) of service, subject to fulfillment of
eligibility conditions prescribed for promotion to the next higher post.
9. For TGT, the next higher post is PGT. As per Recruitment Rules of
NVS, for promotion to PGT (Mathematics), the essential qualification is
Post Graduation in Mathematics. The deceased employee admittedly did
not possess the said higher qualification. Therefore, he was rightly held
ineligible by the DPC for grant of Selection Scale.
10. We have gone through the judgment passed by Ernakulam Bench
of this Tribunal in N. Krishna Kumar (O.A. 180/00627/2016) dated
04.08.2017 annexed as Annexure A/4. In the said case, the applicant
therein was a Misc. Category Teacher (Music Teacher) in JNV, Kollam.
The Tribunal allowed the benefit in light of KVS relaxation rule for
miscellaneous category teachers. The said judgment is, therefore,
distinguishable on facts and is not applicable to the present case which
pertains to TGT (Maths), and happens to be a promotional post. The
applicant's husband was TGT (Mathematics), which is a feeder post for
promotion to PGT (Mathematics).
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11. Reliance is placed on the judgment of the Hon’ble Apex Court in
the case of Santosh B. Naik Vs. State of Goa & Ors. ( CIVIL
APPEAL NO. 13460 OF 2026) wherein it has been held as follows:
“11. It is well-settled that the qualifications prescribed by the
recruiting authority for a particular post are required to be
satisfied in the manner in which they have been prescribed. The
Court, while exercising judicial review, ordinarily cannot add to
or alter the essential qualifications prescribed under the
Recruitment Rules. The question as to whether a qualification
possessed by a candidate is equivalent to the qualification
prescribed is ordinarily within the domain of the employer or the
competent expert body. This principle has been reiterated by this
Court in Zahoor Ahmad Rather & Ors. v. Sheikh Imtiyaz
Ahmad & Ors.,1 Unnikrishnan C.V. & Ors. v. Union of India
& Ors.,2 and Shifana P.S. v. State of Kerala & Ors ”
12. Further the Hon’ble Supreme Court in the case of Dr. Rajinder
Singh Vs. State of Punjab (2001) 5 SCC 482 has held that “Essential
conditions for promotion prescribed in RRs have to be strictly complied
with.”
13. In view of the above discussion and case laws on the subject, we
find no illegality or arbitrariness in the action of the respondents in
denying Selection Scale to Late Shri Shailesh Devlekar for want of higher
qualification.
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14. Accordingly, this Original Application being devoid of merits is
dismissed. No order as to costs.

( Mallika Arya ) ( Rajinder Singh Dogra )
Administrative Member Judicial Member
VK/-
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