Santosh Kumar (M) , vs KENDRIYA VIDYALAYA SANGHTHAN (M) , THE ASSISTANT COMMISSIONER , THE PRINCIPAL ,

CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD BENCH, AHMEDABAD.

OA No.420/2020 This the 04th day of November, 2020 COROM : Hon’ble Shri Jayesh V.

Bhairavia, Member (J) Hon’ble Dr.

A.K.Dubey, Member (A) Shri Santosh Kumar Son of Ram Ashish Rout, Serving as Superintendent (Stores) in the office of respondents Age 48 years (Male) Residing at Plot No.4, Ganesh Kunj Society, Vadsar, Taluka : Kalol, District : Gandhinagar – 382 721. …………….

Applicant (By Advocate : Shri M.S.Trivedi ) Versus 1.

The Commissioner, Kendriya Vidyalaya Sangathan H.Q.

InsitutionalArea, Shaheed Jeet Singh Marg, New Delhi 110 016.

2.

The Assistant Commissioner, Kendriya Vidyalaya Sangathan Ahmedabad Region, Sector -30, Gandhinagar 382 030.

3.

The Principal, Kendriya Vidyalaya Sangathan Air Force, Wadsar, Taluka : Kalol, District : Gandhinagar – 382 721. …….

Respondents O R D E R – ORAL Per : Hon’ble Shri J.V.

Bhairavia, Member (J) Heard Shri M.S.Trivedi counsel for the applicant.

OA/420/2020 CAT, Ahmedabad Bench -2- 2.

In the instant OA, the applicant who is working as Superintendent (Stores) states that with respect to certain irregularities committed by the respondent No.3 i.e. the Principal, Kendriya Vidyalaya Sangathan, Air Force, Wadsar, Kalol, District : Gandhinagar in granting of admission to School Student of KVS, he had submitted various complaints before the higher authority.

However, the respondents have not taken any action to stop irregularities nor had taken any action against the said Principal.

The Respondents have filed vague reply dated 08.10.2020 (Annexure A-5) to the Affidavit of the applicant.

Hence, this OA.

The applicant prays for quash and set aside the reply dated 08.10.2020 (Annexure A-5) and further prays for direction to the respondents to conduct inquiry against the respondent No.3 with respect to irregularities committed for granting admission to the student. e student.

Counsel for the applicant submits that the dispute raised in this OA is maintainable under the provision of Administrative Tribunals Act, 1985.

4.

Heard Shri M.S.Trivedi, counsel for the applicant and perused the materials on record.

5.

In our considered view, prayer sought in this OA cannot be entertained since the grievance raised by the applicant pertains to his allegation against the respondent No.3 about irregularities in granting admission to the student.

The said grievance cannot be said that any of OA/420/2020 CAT, Ahmedabad Bench -3- the terms and condition of applicant’s services has been violated.

The prayer sought in this OA cannot be termed as “service matters” in terms of Section 3(q) as defined under the Administrative Tribunals Act, 1985.

Hence, the grievance raised in the present OA did not fall within the scope of Administrative Tribunals Act, 1985.

Therefore, we are not inclined to accept the submission of the counsel for the applicant.

Thus, the OA lacks merits and deserves to the dismissed at admission stage itself.

Accordingly, the same is dismissed.

No order as to costs. (A.K.Dubey) (J.V.Bhairavia) Member (A) Member (J) nk