High Court of DelhiW.P.(C)/18964/2025

Kendriya Vidyalaya Sangathan Through Its Commissioner v. R.D. Rohilla & ORS.

2025-12-15Hon'Ble Mr. Justice Navin Chawla,Hon'Ble Mr. Justice Madhu Jain3 pages

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18964/2025 KENDRIYA VIDYALAYA SANGATHAN THROUGH ITS COMMISSIONER .....Petitioner Through:

Mr.U.N. Singh and Ms.Sandhya Chaturvedi, Advs.

versus R.D. ROHILLA & ORS.

.....Respondents Through:

Dr. Ashwani Bhardwaj, Adv.

for R-1 to 3, 8 & 10 to 13

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN

O R D E R

% 15.12.2025 CM APPL. 78970/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

W.P.(C) 18964/2025 & CM APPL. 78969/2025 2.

This petition has been filed, challenging the Order dated 23.05.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'Tribunal') in O.A. No. 1434/2019 titled R.D. Rohilla & Ors. v. Kendariya Vidyalaya Sangathan & Ors., allowing the O.A. filed by the respondents herein with the following directions: "20. In view of the above facts and circumstances of the case and for the reasons recorded above, the present OAs are allowed with the following order(s)/direction(s):- (i) The applicants are entitled for conversion from CPF to GPF and the respondents are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

directed to extend the same benefits to the applicants, as given to the applicant(s) in Gurmail Kaur (supra); and (ii) The aforesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this Order."

The learned counsel for the petitioner submits that the Judgment of the High Court of Rajasthan dated 27.07.2023 in D.B. Civil Writ Petition No.16675/2022 titled The Commissioner, Kendriya Vidyalaya Sangathan & Anr. v. Mrs. Gurmail Kaur has been stayed by the Supreme Court.

The above submission appears to be incorrect as the SLP against the said Judgment, being SLP(C) No.8238/2024, has been dismissed by the Supreme Court vide its Order dated 05.04.2024. 5.

The learned counsel for the petitioner further submits that in a similar batch of matters arising from the orders of the High Court of Kerala and the High Court of Rajasthan, the Supreme Court vide its Order dated 08.12.2025, has observed that the issue as to whether employees of the KVS who have exercised option to be covered under the CPFS can be allowed to come back to the GPFS, and as to whether the Judgment of the Supreme Court in University of Delhi v. Shashi Kiran, 2022 SCC OnLine SC 593 in fact permits such a course, requires further consideration.

We are afraid that the above may not come to the aid of the petitioner inasmuch as, this Court has also considered the said issues and by our Judgment dated 02.09.2025 passed in Bharti Bahuguna v. Kendriya Vidyalaya Sangathan & Ors., 2025:DHC:7629-DB, has answered the same. We remain bound by the said Judgment. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Accordingly, the present petition is disposed of in terms of the said Judgment.

NAVIN CHAWLA, J MADHU JAIN, J DECEMBER 15, 2025/ns/as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.