JUDGEMENT
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(1.)Navodaya Vidhyalaya Samiti, through its Commissioner, is before this Court. The Samiti is an autonomous organization under the Ministry of Human Resources Development and Department of Education, Government of India. The Samiti is before this Court being aggrieved by judgment and order dated 12.7.2011 passed by the Central Administrative Tribunal, Ahmedabad Bench at Ahmedabad (hereinafter referred to as "the Tribunal") in Original Application No.50 of 2010 with MA No.56 of 2010 and Original Application No.51 of 2010. The Tribunal is pleased to allow the original applications. The operative part of the judgment and order, in paras 15, 16 and 17, reads as under:
"15. In view of the discussions made hereinabove, we have no hesitation to quash memorandum dated 13..2.2008 conveying her adverse remarks for her ACR for the period ending 30.6.2007;
16. Since the respondents have not examined the mandate of circular dated 31.5.2002 which lays down certain guidelines for grant of Senior Scale on completion of 12 years of service, they are required to consider her case objectively and dispassionately without being influenced by other material and pass appropriate speaking and reasoned order for grant of said relaxation for a certain period and thereafter consider her for financial upgradation i.e. senior scale on completion of 12 years of service ignoring adverse ACRs.
Aforesaid exercise shall be completed as expeditiously as possible, but not later than three months from the date of receipt of a copy of this order.
17. Accordingly, OAs are allowed."
(2.)Memorandum dated 13.2.2008 is a memorandum by which the teacher was conveyed adverse CRs by the Assistant Commissioner. The memorandum opens as under:
"Mrs.Urmila Shaka, Music Teacher of JNV (Jawahar Navodaya Vidyalaya) Panchmahal is hereby informed that the following adverse remarks have been recorded in his/her ACR for the period ending 30.6.2007."
After quoting adverse remarks in various columns, which are mentioned by serial number, the memorandum ends with:
"The above mentioned adverse remarks are hereby conveyed to you with instructions that if you want to submit any representation against the adverse remarks for the consideration of the Competent Authority, you may submit through your Principal within 30 days of the receipt of this communication.
If no representation is received from you within the stipulated period, it will be presumed that you have nothing to say about it and further necessary action as deemed proper will be taken in this regard at this end."
(3.)The facts of the case are set out in the Original Application in para (VI), titled as "Facts of the Case", the relevant parts of which read as under:
"The applicant herein most humbly begs to state and submit that the following facts, though may at first sight appear to be not germane to the issue involved in the present case, are however, relevant, material and crucial to the determination and adjudication of the issues involved in the present case wherein the case of the applicant herein is that the respondents herein, more particularly respondent No.3 herein, having developed an ill-will and grudge against the applicant herein who in rightful discharge of her duties as a teaching staff had taken on the respondent No.3 herein by lodging complaint to the respondent No.2 herein against his questionable functioning as a Principal of the School, are now all out to take vindictive measures against the applicant herein, as will be evident from the following submissions, and one among them is to deprive and deny to the applicant herein of her rightful claim to the grant of pay upgradation under the ACP (Assured Career Progression) Scheme of 1999 circulated by the Govt. of India. ......"
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