RASHMI REKHA MOHAPATRA V. THE COMMISSIONER,KENDRIYA VIDYALAYA SANGATHAN

WP(C)/12738/2019

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Rashmi Rekha Mohapatra, a retired teacher from Kendriya Vidyalaya, filed a writ petition challenging the order of the Central Administrative Tribunal which had affirmed her removal from service and denied her appeal for voluntary retirement. The case revolved around her unauthorized absence from duty and her failure to respond to official communications regarding her medical fitness and duty resumption. The Orissa High Court dismissed her petition, supporting the decisions of the Disciplinary and Appellate Authorities, which had found her actions constituted a voluntary abandonment of service and that she did not meet the qualifying service requirement for voluntary retirement.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 725875 (HC-CUTTACK)
• Appeal Type: Others
• Pronouncement Date: 21-11-2023
• Assessment Year: misc
• Other Referred Cases: Sudhir Kumar Consul Vrs. Allahabad Bank, Life Insurance Corporation of India Vrs. Asha Ramachhandra Ambekar, Viveka Nand Sethi Vrs. Chairman, J&K Bank Ltd., Punjab & Sind Bank Vrs. Sakattar Singh, Syndicate Bank Vrs. General Secretary, Syndicate Bank Staff Association, Rishabh Agro Industries Ltd Vrs. P.N.B. Capital Services Ltd, Ram Prakash Khanna Vrs. S.A.F. Abbas, State of Karnataka Vrs. Shri Ranganatha Reddy, Consolidated Coffee Ltd Vrs. Coffee Board, Bhavnagar University Vrs Palitana Sugar Mill (P) Ltd., M. Venugopal Vrs. Divisional Manager, Life Insurance Corporation of India, Machilipatnam, A.P., Indian Oil Corporation Limited Vrs. Chief Inspector of Factories, Voltas Limited, Bombay Vrs. Union of India, Harish Tandon Vrs. Additional District Magistrate, Allahabad, U.P., G. Viswanathan Vrs. Honble Speaker, Tamil Nadu Legislative Assembly, Madras, Ashok Leyland Ltd. Vrs. State of TN, State of NCT of Delhi Vrs. Sanjeev @ Bittoo, Gazi Sududdin Vrs. State of Maharashtra, M.V. Bijlani Vrs. Union of India, State Bank of Bikaner and Jaipur Vrs. Nemi Chand Nalwaya, Allahabad Bank Vrs. Krishna Narayan Tewari, State of Haryana Vrs. Rattan Singh, State of Punjab Vrs. Dr. P.L. Singla, State of Andhra Pradesh Vrs. S. Sree Rama Rao, B.C. Chaturvedi Vrs. Union of India, General Manager (Operations), State Bank of India Vrs. R. Periyasamy, State of Karnataka Vrs. N. Gangaraj
• Laws Referred To: Article 226/227 of the Constitution of India, 1950, Administrative Tribunals Act, 1985, Central Civil Services (Pension) Rules, 1972, Education Code for Kendriya Vidyalayas
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: HRUSIKESH TRIPATHY
• Assessee Lawyers: KARUNAKAR RATH; BISWAJIT MOHAPATRA
• Keywords: Disciplinary Authority; Medical leave; Removal from service; Unauthorized Absence; Voluntary retirement
• Section: 48A; 81(D)

Judgement Text

" WP(C) No. 12738 of 2019 Page 1 of 85 ORISSA HIGH COURT : CUTTACK WP(C) No.12738 of 2019 In the matter of an Application under Article 226/227 of the Constitution of India, 1950 --------------- Rashmi Rekha Mohapatra Aged about 64 years Wife of Sudhakar Mohapatra At: Nurupur Road, P.O.: Motiganj P.S./Town/District: Balasore … Petitioner -VERSUS- 1. The Commissioner Kendriya Vidyalaya Sangathan Headquarters New Delhi 18, Institutional Area Saheed Jeet Singh Marg New Delhi 3 110 016 2. Joint Commissioner Kendriya Vidyalaya Sangathan (Administration) Headquarters New Delhi 18, Institutional Area Saheed Jeet Singh Marg New Delhi 3 110 016 3. Deputy Commissioner Kendriya Vidyalaya Sangathan Bhubaneswar, District: Khordha 4. Principal Kendriya Vidyalaya At/P.O./District: Angul 5. Principal Kendriya Vidyalaya WP(C) No. 12738 of 2019 Page 2 of 85 At/P.O.: Mancheswar Bhubaneswar, District: Khordha 6. The Registrar Central Administrative Tribunal Cuttack Bench, Cuttack … Opposite parties. Counsel appeared for the parties: For the Petitioner : M/s. Karunakar Rath and Biswajit Mohapatra, Advocates For the Opposite parties : Mr. Hrusikesh Tripathy, Advocate P R E S E N T: THE HONOURABLE ACTING CHIEF JUSTICE DR. B.R. SARANGI AND THE HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 07.11.2023 :: Date of Judgment : 21.11.2023 JUDGMENT MURAHARI SRI RAMAN, J.— THE CHALLENGE: Assailing the Order dated 27.03.2019 of the Central Administrative Tribunal, Cuttack Bench, Cuttack passed in Original Application being O.A. No.260/229/2012 filed under Section 19 of the Administrative Tribunals Act, 1985, the instant writ petition has been filed at the behest of the petitioner-retired teacher of Kendriya WP(C) No. 12738 of 2019 Page 3 of 85 Vidyalaya under Article 226/227 of the Constitution of India beseeching following reliefs: