MINI MATHEW vs NAVODAYA VIDYALAYA SAMITI REPRESENTED BY CHAIRPERSON on 6 November 2026

COMMON ORDER

Per: Mr. Braj Mohan Agrawal, Administrative Member O.A 180/152/2022 The applicant, is former TGT(Hindi), Navodaya Vidyalaya who was recruited as a TGT Hindi on 06.07.1989. As per the applicant, she was offered promotions as PGT Hindi in April 1995 (Annexure A-1), June 1997 (Annexure A-2) and October 2000 (Annexure A-3) and as she sought for change in the posting order, the promotion orders were withdrawn on the condition that she is debarred from being considered for promotion for a period of one year.

2. The applicant submits that in accordance with Annexure A4 and A5 Scheme dated 06.11.2000 and 12.12.2002 respectively, for grant of Senior Scale and Selection Scale (financial upgradations), she was granted Senior Scale w.e.f. 6.7.2001 (Annexure A6) and Selection Scale w.e.f. 7.6.2013 (Annexure A7), on the basis of recommendations of Screening Committee/Department Promotion Committee held on 25.09.2002 and 10/11.03.2014 respectively. Three months before her superannuation on 31.5.2022, she was served with Annexure A-8 order dated 17.02.2022, without any prior notice to the applicant to the effect that the Senior Scale and Selection Scale granted to her two decades back is withdrawn on the ground that she had refused promotion during the initial period of 12 years of regular service. Annexure A-8 order is followed by Annexure A-9 order, refixing and regulating her pay after withdrawal of senior and selection scale. Consequently the basic pay of the applicant stands reduced from Rs.82,600/- to Rs. 77,900/- i.e. a loss of more than Rs.4700/- in basic pay itself. This will have huge adverse effect on the retirement benefits of the applicant.

3. The applicant contends that the impugned orders (Annexures A-8 & A-

9) are totally unjust and unfair for several reasons. Firstly, the same is issued without putting the applicant on notice and thus violates the basic principles of natural justice i.e. audi alteram partem. Secondly, the Scheme as at Annexure A4 & A5 which provides for grant of Senior and Selection Scale does not provide for a stipulation or condition that on refusal of promotion, the employee would be denied Senior Scale and Selection Scale. A Scheme is to be operated within the terms and conditions as provided for in the scheme itself. In the absence of the stipulation that refusal of promotion would entail denial of Senior Scale and Selection Scale, it is unjust and unfair to withdraw the Senior Scale and Selection Scale granted to the applicant w.e.f. 6.07.2001 and 07.06.2013 respectively. Thirdly, it can be seen that at the time when orders were passed by the Navodaya Vidyalaya Samiti (NVS) on the request of the applicant for modification of posting orders consequent on promotion, the only stipulation put forth was debarment of promotion for a period of one year. In other words, the only disability that the applicant can face is debarment of promotion for a period of one year. Imposing a condition two decades after sanctioning of Senior Scale/Selection Scale is totally unjust and unfair. Fourthly, in the absence of any stipulation in the Scheme for grant of Senior Scale/Selection Scale formulated by the NVS to the effect that refusal of promotion would result in denial of Senior/Selection Scale, the only disability/consequence that can be imposed on the applicant is debarment of consideration for Senior Scale/Selection Scale for a period of one year from the date of refusal. Fifthly, had there been a specific provision in the Scheme for grant of Senior Scale/Selection Scale for denial of financial upgradation on account of refusal of promotion and had the applicant been informed of the consequences, the applicant would not have declined promotions.

4. Aggrieved by Annexures A-8 and A-9 orders, withdrawing Senior and Selection Scale, refixing her pay and withholding certain amounts from retirement benefits, the applicant has filed the Original Application and sought the following reliefs:-

(i) Call for the records leading to the issue of Annexure A8 and A9 and set aside Annexure A8 and A9

(ii) Declare that the applicant is entitled for grant of Senior Scale and Selection Scale on completion of 12 and 24 years of service and direct the respondents to continue to grant benefits in terms of Annexure A-6 and A-7

(iii) Declare that no recovery is permissible pursuant to Annexure A8 and A9 and direct the respondents to release the amount of Rs.5,93,078/- which has been withheld pursuant to Annexure A8 and A-9 from the retirement benefits of the applicant, with interest payable at the rate of 8%

5. The respondents filed reply statement and primarily contend that applicant was offered promotion on seniority basis to the post of PGT(Hindi) in the year 1995 but she did not accept the promotion. She was offered promotion three times between the years 1995 to 2000, and she gave her unwillingness to accept the promotion. As per the rules in vogue, the teachers/employees who refused promotion prior to completion of 12 years of service may not be considered for grant of senior scale. But, her case was inadvertently considered for grant of senior scale on completion of 12 years of regular service by the DPC though she refused promotion. She was granted Senior Scale w.e.f. 06.07.2001 and subsequently she was granted Selection Scale w.e.f. 07.06.2013. Since she refused promotion to higher post she is not eligible for grant of senior/selection scale as per the rules. It was clarified by the Ministry/NVS by Annexure R-2 letter dated 28.04.2010 that if a teacher refuses promotion before completion of 12 years of service, he/she may not be considered for grant of senior/selection scale after 12/24 years of service. The respondents also produced Annexure R-3 letter dated 26.08.2021 issued by Respondent No.1 (NVS) to all Deputy Commissioners, NVS, clause 8 of which reads as under: “08. PGTs(Senior Scale) who refused promotion prior to completion of 12 years of service may not be considered for granting selection scale.” On the strength of Annexure R-2 and R-3 communications, Respondents plead for rejection of OA without grant of any relief.

6. The applicant in the rejoinder also submits that an amount of Rs.5,93,078/- has been withheld by the respondents though no recovery is permissible in view of judgement of the Hon'ble Supreme Court in State of Punjab and Others vs. Rafiq Masih (whitewasher etc) in Civil Appeal No.11527/2014, as contained in DoPT OM dated 02.03.2016 (Annexure A-13) O.A No. 180/00148/2021

7. The applicant in this OA was recruited as a TGT Mathematics on 21.01.1993 and pleads that in terms of the Scheme in force in NVS, on completion of 12 years she would become eligible for grant of Senior Scale and Selection Scale on completion of 24 years. The requirement however is to undergo 21 days in service training. Though she had undertaken two such mandatory 21 days in-service training, she has not been considered for grant of either Senior Scale or Selection Scale.

8. Aggrieved by non-granting of Senior Scale and Selection Scale, the applicant has sought the followings reliefs in the Original Application:-

(i) Direct the respondents to grant Senior Scale and Selection Sale to the applicant w.e.f. the due date

(ii) Declare that the applicant is entitled for grant of Senior Scale and Selection Scale on completion of 12 and 24 years of service and direct the respondents to grant the same with all consequential benefits.

9. The respondents in their reply statement submit that the applicant joined the NVS as TGT(Maths) on direct recruitment basis on 21.01.1993. She was offered promotion on seniority basis to the post of PGT(Physics) in the year 1999 but she did not accept the promotion. She was offered promotion four time, between the years 1999 to 2006 but, she gave her unwillingness to accept the promotion.

Respondents make similar contention that as per the Rules in vogue, teachers/employees who refused promotion prior to completion of 12 years of service may not be considered for grant of senior scale on completion of 12 years of regular service, therefore was not recommended by the DPC, as she refused promotion.

10. Heard Shri Vishnu S. Chempazhanthiyil, learned counsel for the applicants and Shri M.K.Padmanabhan Nair, learned ACGSC on 16.01.2026, 11.02.2026 and 04.11.2026 at length and perused the records. From the rival contentions, the short question to be answered by us is whether grant of non-functional upgradation to Senior Scale and Selection Scale on completion of 12 years and 24 years of service, as per the scheme in vogue, can be denied to the teachers who refused promotion prior to completion of 12 years of service.

11. The applicant in OA No.152/2022 was granted Senior Scale and Selection Scale by Annexure A-6 and Annexure A-7 orders in terms of NVS circular dated 06.11.2000 and 31.05.2002 (AnnexureA4 and AnnexureA5). AnnexureA4

stipulates as under: “(i) While senior scale will be granted after 12 years, Trained graduate Teachers and Miscellaneous Categories and regional Language Teachers, Post Graduate Teachers the Selection Scale will be granted after 12 years service in the senior scale of the respective cadre. For the Vice Principals of Secondary Schools, there will be only senior scale after 12 years and no Selection Scale. The service in the grade shall be counted from the date of regular appointment in the Samiti.

(ii) The number of posts in the Selection Scale for Trained Graduate Teacher, Miscellaneous Categories and Regional Language Teachers, Post Graduate Teachers will be restricted 20% of the number of posts in the Senior Scale of the respective cadre.

(iii) The Senior Scale and selection scale will be given after screening regarding their satisfactory performance by an appropriate DPC.

(iv) Every teacher would be required to participate in the in-service training programme of atleast three weeks duration before he/she is promoted to senior scale or selection scale i.e. once in every six years,provided that where arrangements for such training cannot be made, the competent authority may exempt a category of teachers for a specific period of time. Director NVS is competent authority in such matters.” The only condition being length of service and participation in-service training programme. Similar stipulations are contained in AnnexureA5 dated 31.05.2002, which also stipulates that senior scale and selection scale are to be granted on completion of required length of service and other conditions, which are contained in circular itself, such as participation in an in-service training programme, number of posts and grant of senior scale and selection scale after screening their satisfactory performance by an appropriate DPC. There is no stipulation regarding denial of grant of Senior/Selection scale to teachers of NVS if he or she has refused regular promotion. AnnexureA4 refers to earlier letter No.5-180/86-U.T.I dated 12th August, 1987 categorically stating no change in terms and conditions and period of residency for grant of senior and selection scales as previously specified in 1987 circular.

12. During the hearing, on 16.01.2026, we found it necessary to go through the original scheme of August, 1987 under which the senior/selection scales were granted to the Teachers/Vice Principals of NVS and directed the respondents to produce the scheme. The scheme was produced by the respondents on 28.10.2026. Identical conditions, as extracted in para 12 from AnnexureA4, has been specified in the original scheme and there is no deviation from that. Unlike explicitly stipulated in MACP Scheme, we find no such stipulation either in the original scheme dated 12.08.1987 or in Annexures A4 & A-5 to the effect that financial upgradation in senior/selection scales shall be denied to teachers who have refused promotion before completion of 12 years of service.

13. The respondents have placed reliance on clarification , Annexure R-2 dated

28.04.2010. The relevant point No.3 is reproduced below: S. No. Points raised by NVS Ministry's clarification/query Samiti's reply against Ministry's query, if any

Teachers who have refused promotion prior to completion of 12 years of service may

not

be considered

for granting senior scale Basic objective of the three-tier scale to teachers is to provide them financial benefits through upgradation of pay scales, in case they do not get opportunity for promotion in time. Since a teacher has got opportunity of financial upgradation through promotion before completion of 12 years which has been refused by him/her. He/she may not be considered for grant of senior scale after completion of 12 years in service. We find this clarification has no authority of the scheme. A clarification can only draw its legitimacy from a clause contained in the scheme itself to that effect. In the absence of such clause in the scheme itself, above clarification stands rejected as having been issued beyond the scope of the scheme itself.

14. Annexure R-3, communication of Respondent No.1 dated 26.08.2021 contains clause 8 “PGTs(Senior Scale) who refused promotion prior to completion of 12 years of service may not be considered for granting selection scale,” can at best have only prospective effect and cannot be applied to the applicant, who was granted senior scale and selection scale in the year 2001 and 2013.

Therefore, AnnexureA8 is liable to be quashed as having been issued without the authority of the scheme. Consequently, AnnexureA9 is also liable to be quashed and with holding of Rs.5,93,078/- from the retiral benefits (AnnexureA14) is bad in law and unsustainable.

15. Based on the above observations and conclusions, we quash AnnexureA8 and AnnexureA9 and order refund of withheld amount of Rs.5,93,078/- to the applicant in OA No.152/2022 within a period of two months from the date of receipt of copy of this order. Thereafter, interest @8% p.a. shall be payable till the date of actual disbursement.

16. Applicant in OA No.148/2021 is eligible for grant of senior/selection scales in terms of the scheme. The Respondents are directed to convene the Screening Committee/DPC, within a period of two months from date of receipt of copy of this order, to consider grant of senior scale and selection scale to the applicant in terms of AnnexureA4 and AnnexureA5 and extend consequential benefits thereafter within a period of 4 months. In default, interest @8% p.a. shall be payable till the date of actual disbursement.

17. OA No.148/2021 and OA No.152/2022 are disposed of as above. Pending Miscellaneous Applications, if any, are closed. No order as to costs. (Dated the 6th November, 2026) BRAJ MOHAN AGRAWAL JUSTICE K. HARIPAL ADMINISTRATIVE MEMBER JUDICIAL MEMBER va

List of Annexures in O.A 180/148/2021 Annexure A1-True copy of communication No.2-119/99-NVS(Estt) dated 06.11.2000 Annexure A2-True copy of communication F.No.2-119/99-NVS(Estt) dated 31.05.2002

Annexure A3- True copy of the representation dated 19.03.2015 to the 3rd respondent Annexure A4-True copy of the representation dated 16.03.2019 to the 3 rd respondent Annexure A5-True copy of the representation dated 18.01.2020 to the 3rd respondent Annexure A6- True copy of the representation dated 24.02.2021 to the 2nd respondent Annexure A7- True copy of certificates to establish applicant has undertaken 21 days mandatory training for Senior/Selection Scale *** AnnexureMA1-True

copy

of

communication

No.1- 171/NVS(HR)/Estt.II/2021 dated 24.09.2021 issued by NVS *** Annexure R-1- True copy of letter No.2-119/99-NVS(Estt.)/1813 dated 28.04.2010 *********

List of Annexures in O.A 180/152/2022 Annexure A1-True copy of order No.1-96/NVS(HR)/95-96/494 dated 24.04.1995 (relevant portion) Annexure A1(a)-True copy of request dated 07.05.1995 submitted by the applicant to NVS Annexure A2- True copy of the Office Order No.F-54-2/NVS-JR/96/619 dated 11.6.1997 issued by the NVS

Annexure A2(a)- True copy of Office Order No.F.No.1-96/NVS(HR)/97/3727 dated 21.8.1997 issued by the NVS Annexure A3- True copy of Office Order No.1-96/NVS(HR)/2000/3358 dated 3.10.2000 issued by NVS Annexure A3(a)- True copy of representation dated 12.10.2000 submitted by the applicant to NVS Annexure A3(b)

- True copy of Office Order No.F.No.1- 96/NVS(HR)/2000/3893 dated 08.11.2000 issued by the NVS Annexure A4-True copy of the communication No.2-119/99-NVS(Estt) dated 6.11.2000 issued by NVS Annexure A5- True copy of the F.No.2-119/99-NVS(Estt) dated 31.5.2002 issued by NVS Annexure A6- True copy of Office Order No.F.1-171/NVS(HR)/2002/5702 dated 12.12.2002 issued by NVS. Annexure A7- True copy of Office Order F.No-171/NVS(HR)/(Estt.II)/2014 dated 18.3.2014 issued by NVS.

Annexure A8- True copy of Office Order F.No.THD/15-9/NVS- HR/Estt.II/2021-2022/3576 dated 17.2.2022 issued by the 3rd respondent Annexure A9- True copy of Office Order No.F.119/JNVK/2021-22/1040 dated 23.2.2022 issued by the 5th respondent Annexure A10- True copy of the representation dated 24.03.2022 to the 2nd respondent Annexure A11- True copy of communication sent by the Office of the Principal, JNV, Kollam vide communication No.2-20/JNVS/2013-14/854 dated 24.1.2014 Annexure A12- True copy of printout of pay slips for January & February 2022 of the applicant Annexure A13- True copy of the O.M. F.No.18/03/2015-Estt.(Pay-1) dated 2.3.2016 issued by the Department of Personnel & Training, Government of India Annexure A14- True copy of communication No.69/JNVK/2022-23/295 dated 6.8.2022 issued by the Principal, JNV, Kottayam *** Annexure R-1- True copy of the authorization letter Annexure R-2- True copy of letter F.No.2-119/99-NVS(Estt.)/1813 dated 28.04.2010 Annexure R-3- True copy of letter No.7-2/2021-NVS(E-01)/-1/2021- 22/9567 dated 26.08.2021 *******