Central Administrative Tribunal - Delhi
Neeru Shukla vs Govt. Of Nct Of Delhi on 10 February, 2012
Central Administrative Tribunal
Principal Bench, New Delhi
O.A.No.2532/2011
M.A.No.1788/2011
New Delhi this the 10th day of February, 2012
Honble Mr. G. George Paracken, Member (J)
Honble Dr. A.K. Mishra, Member (A)
1. Neeru Shukla,
W/o Akhilesh Kr. Misra,
R/o C-390, Surya Nagar,
U.P.
2. Gulab Rabbani,
S/o Md. Sultan Rahmani,
R/o B-21, Mandoli,
Delhi-93.
3. Babita,
W/o Abhitendra Kumar Jayant,
R/o 88-A, Jagdamba Colony,
Joharypur, Delhi-94.
4. Namrata Singh,
W/o Rajinder Singh,
R/o AN-7, Bank Colony,
Delhi.
5. Kirti Rani,
W/o Sohan Kumar,
R/o A-26/1, Ashok Nagar,
Delhi.
6. Pooja Sukhija,
W/o Rishi Sharma,
R/o Block-I, H.No.24,
Pratap Nagar, Delhi.
7. Rishi Sharma,
S/o Jagdish Sharma,
R/o Block-I, H.No.24,
Pratap Nagar, Delhi.
8. Meenakshi Goswami,
W/o Ashok Goswami,
R/o 27-D, Mansarovar Park,
DDA Flat, Shahdara,
Delhi-32.
9. Sachin Dev Mudgal,
S/o Shree Kishan Mudgal,
R/o H.No. 522A, Central Bank Street,
Railway Road, Bahadurgarh,
Haryana.
10. Ashok Kumar,
S/o Masih Dayal,
R/o I-375, DLF, Dilshad Ext.-2,
Bhopura, Ghaziabad.
11. Pramod Kumar Mittal,
S/o Lajpat Rai Mittal,
R/o 6/283, Geeta Colony,
Delhi-31.
12. Pramod Kumar Sharma,
S/o Anil Kumar Sharma,
R/o 1/2329, Ram Nagar,
Gali No.9, Delhi-32.
13. Abhitendra Kumar Jayant,
S/o Lt. Shri Rajkumar,
R/o 88 A, Jagdamba Colony, J
Oharypur, Delhi-94.
14. Yogesh,
S/o sh. Mahender Singh,
R/o Village & Post-Bali,
Distt. Baghpat, UP.
15. Smt. Arti Sharma,
W/o sh. Deepak Jaiswal,
R/o D-50/30, Dilshad Colony,
Delhi-95. .. Applicants
All through Smt. Neeru Shukla, Lab Assistant, Guru Teg Bahadur
Hospital, Dilshad SGarden, Delhi-95.
(By Advocate: Shri Harish Kumar)
Versus
1. Govt. of NCT of Delhi
through its Chief Secretary,
New Secretariat, New Delhi.
2. Principal Secretary (Health)
Govt. of NCT Delhi,
1, Jawahar Lal Nehru Marg,
New Delhi.
3. Guru Teg Bahadur Hospital,
through its Medical Superintendent
Dilshad Garden, Delhi-95.
4. Chairman,
Delhi Subordinate Service Selection Board,
FC 18, Institutional Area, Karkardooma,
Delhi-110092. Respondents.
(By Advocate: Ms.Alka Sharma)
O R D E R (ORAL)
Shri George Paracken, Member (J) The Applicants have filed this Original Application seeking a direction to the Respondents to give them age relaxation according to the length of the services of the candidates with the Respondent No.3. The reliefs sought by them are reproduced as under:-
a) To direct the respondents to give Age Relaxation according to the length of the services of the candidates with the respondent no.3.
b) To set aside the rejection letters issued to the candidates.
c) To direct the respondents not to hold the exams on 17th July 2011 for the post i.e. the posts of Group-IV Technical Asst. (Post Code 78/09), Lab. Technician (Post Code 79/09), Lab. Asst. (Post Code 80/09), Group-III Technical Asst. (Post Code 81/09), Lab. Technician (Post Code 82/09), Lab. Asst. (Post Code 83/09), Technical Asst.(Radiology) (Post Code 84/09), Sr..Rediographer (Post Code 85/09), Sr. Radiographer (Post Code 86/09), Technical Asst. (OT/CSSD) (Post Code 88/09).
d) To direct the respondents to postpone the exams to be held on 17th July 2011.
e) To allow the applicants to appear in the examinations.
f) Any other relief which this Honble Tribunal may deem fit and proper in the interest of justice may be awarded to the applicants and against the respondents.
2. Vide order dated 15.07.2011, this Tribunal had directed the respondents to allow the applicants to appear in the examination to be held on 17.07.2011 provisionally, but their result would not be declared till further orders.
3. When the matter was taken up for consideration today, the learned counsel for the Respondents Ms. Alka Sharma has produced a copy of letter dated 08.02.2012 addressed to her in which it has been stated that the age relaxation has already been given to all the contractual paramedical staff who have worked for more than three years on contract basis in hospitals/medical institutions under Health & Family Welfare Department. Further, they have stated that the DSSSB has also been requested to grant age relaxation only to those contractual paramedical staff who are going to appear in the examination on or after the issue of order dated 19.08.2011 and the cases of the applicants will also be covered and they should have no further grievance in the matter. The learned counsel for the respondents has, therefore, submitted that this OA has become infructuous. The said letter is reproduced as under for the sake of record:-
To Ms. Alka Sharma, Govt Counsel, Central Administrative Tribunal, Delhi.
Ref- OA No 2532/2011 titled as Neeru Shukla Vs Govt of NCT of Delhi Madam, With reference to your letter dated 3.2.2012 vide which you have stated that Honble Court has directed to verify whether all the applicants fulfill the criteria of 3 years and age relaxation and to file additional affidavit in this regard on behalf of H&FW Department. In this regard, it is informed that the department has given age relaxation to all the paramedical contractual staff who have worked for more than three years on contract basis in hospitals/medical institutions under H&FW department, GNCTD for a period equivalent to the number of years they have worked on contract basis, the same has been issued with the prior approval of Honble L.G. Delhi. Further, the DSSSB, vide this office letter 8.5.2011 has been requested to grant age relaxation only to those contractual paramedical staff who are going to appear in the upcoming exam on or after the issue of order dated 19.8.20111. This scheme shall be valid for a period of five years from the date of issue of order dated 19.8.2011. In view of above, you are requested to appraise the aforementioned facts to the Honble Court.
Yours faithfully, (VIPIN GARG) Dy. SECRETARY H&FW
4. In view of above position, it is seen that the relief sought by the applicants has already been granted to them and this O.A. has become infructuous and it is accordingly disposed of. No order as to costs.
(Dr.A.K.Mishra) (G.George Paracken) Member (A) Member (J) /kdr/