Central Administrative Tribunal - Delhi
Rakesh Kumar vs Govt. Of Nct Of Delhi on 6 July, 2011
Central Administrative Tribunal Principal Bench OA No. 3419/2010 MA 2612/2010 With OA No. 1943/2010 MA No. 1979/2010 With OA No. 2945/2010 MA No. 2298/2010 New Delhi this the 6th day of July, 2011 Honble Shri George Paracken, Member (J) Honble Dr. Veena Chhotray, Member (A) OA No. 3419/2010 MA No. 2612/2010 1. Rakesh Kumar, S/o Sh. Nar Singh Sherawat, H.No.890, Pana Mojan, Bawana, Delhi-110039 2. Ajmer Singh S/o Sh. Fateh Singh, H.No.607, Ishwar Colony, Bawana, Delhi-110039 3. Ashok Kumar S/jo Sh. Bihari Lal, 10863/18, Partap Nagar, Delhi 4. Ishwar Singh, S/o Sh. Hukum Chand, H.No.28, Kirari, Nangloi, Delhi-110041 5. Manoj Kumar, S/o Sh. Sharvan Kumar, H.No.5237, Gali No.115/2, Sant Nagar, Burari, Delhi-110084 6. Sarvesh Bansal, S/o Sh. Yogesh Mohan Bansal, H.No.1551, Deena Nath Building, Chanderwal Road, Delhi-110007 7. Munish Kumar S/o Sh. Ramher Singh, H.No.540, Gali No.13, Swatanter Nagar, Delhi-110040 8. Amita Dabas, S/o Sh. Satya Parkash, H.No.469, Kanjhawala, Delhi-110081 9. Sunil Kumar S/o Sh. Gopi Nath Nair, H.No.415, Gali No.15, Chandan Vihar, Nehru Gali, Sant Nagar, Delhi 10. Deepak S/o Sh. Mange Ram, H.No.115, Gali No.13, B-Block, Kaushik Enclave, Burari, Delhi-110084 11. Mrs. Jyoti, W/o Sh. Shelender, E-415, Hari Nagar, Part-2, Near Saurabh Vihar, Delhi-110044 (All through Mr. Rakesh Kumar, Lab. Assistant, Hindu Rao Hospital, Delhi) -Applicants (By Advocate: Shri Harish Kumar) -VERSUS- 1. Govt. of NCT of Delhi, Through its Principal Secretary, New Secretariat, New Delhi 2. Commissioner of MCD, Town Hall, Delhi 3. Medical Superintendent, Hindu Rao Hospital, Delhi 4. Director Health (MCD), Town Hall, Delhi -Respondents (By Advocate: Shri R.K. Shukla) OA No. 1943/2010 MA No. 1979/2010 1. Navneet Kumar, S/o Sh. G.S. Tyagi, R/o WA/197, Shakarpur, Delhi-110092 2. Soran Singh, S/o Sh. Aman Singh, R/o E-748, Rajeev Gali, Ashok Nagar, Shahdara, Delhi-110093 3. Sudhir Pratap Singh, S/o Sh. Dharam Pal Singh, R/o Vill-Patla, PO-Patla, Ghaziabad 4. Rashid Hassan S/o Md. Shabah, R/o B-274, Mandawali, New Delhi-110092 5. Rizwan Ahmad S/o Md. Farooque Azam, R/o A-206, Khanpur Colony, New Delhi-110062 6. Amit Kumar S/o Sh. Om Prakash, R/o B-313, GD Colony, Mayur Vihar, Phase-III, Delhi-110096 7. Kamini, D/o Sh. Raj Kumar, R/o 30/243-44, Trilok Puri, Delhi-110091 8. Navita Bamel, D/o Sh. B.S. Bamel, R/o 33, Police Station, New Friends Colony, New Delhi-110065 9. Ali Kaushar, S/o Mohd. Saddiq Ahmed, R/o C-43, Gali No.3, Kanti Nagar Ext., Delhi-110051 10. Geeta, D/o Sh. Umesh Ram, R/o F-3, Block-37, Kalyanwas, Delhi-110091 11. Amrita D/o Sh. Bin Bahadur, R/o H.No.9, Type-V, MAMC Kotla Road, New Delhi-110002 12. Nitin Attray, S/o Dr. Akhil Attray, R/o V-1687, G-4 Vijay Park, Maujpur, Delhi-110053 (All through Mr. Navneet Kumar, Telephone Operator, Lal Bahadur Shastri Hospital, Khichri Pur, Delhi-110091) (By Advocate: Shri Harish Kumar) -V E R S U S- 1. Govt. of NCT of Delhi, through its Principal Secretary, New Secretariat, New Delhi 2. Joint Secretary (Health) Govt. of NCT Delhi, I, Jawahar Lal Nehru Marg, New Delhi 3. Lal Bahadur Shastri Hospital, through its Medical Superintendent, Khichri Pur, Delhi-110091 -Respondents (By Advocate: Ms. Rashmi Chopra) OA No. 2945/2010 MA No. 2298/2010 1. Pawan Kumar Goel, S/o Sh. G.P. Goel, R/o H-17/178, Sec-7, Rohini, Delhi 2. Yogesh Kumar S/o Sh. Babu Ram, R/o H-34/154, Sec-3, Rohini, Delhi-110085 3. Rajesh Aswal S/o Sh. Prahalad Sahai, R/o Q4/4, Mangol Puri, New Delhi-110083 4. Pardeep Kumar S/o Sh. Mahender Singh Dangi, R/o Vill. Tikri Khurd, PO Narela, Delhi-110040 5. Navneet Verma, S/o Sh. Dharmpal Verma, R/o H.No.1595, HBC, Sec-14, Sonepat, 6. Ashish Kumar, S/o Sh. Om Prakash Verma, R/o H.No.56/5, Lal Darwaja, Moh-Luaaran, Sonipat 7. Manoj Tyagi, S/o Sh. Sunil Tyagi, R/o Q.No.138 B.S.A. Hosp. Sec-6, Rohini, Delhi-110085 8. Love Kumar Verma, S/o Sh. Raj Kumar Verma, H.No.2141, New Basti, Narela Mandi, Delhi-110040 9. Sandeep Kumar, S/o Sh. Wazir Singh, R/o WZ-445, VPO Begumpur, Delhi-110086 10. Ravinder S/o Sh. Zile Singh, R/o VPO Isserheri, Tehsil, Bahadurgarh, Distt.-Jhajjar, Haryana-124507 11. Raj Kumar S/o Om Prakash, R/o VPO Nahri, H.No.976, Sonepat, Haryana 12. Charu Dudeja, D/o Sh. R.C. Dudeja, R/o D-13/137, Sec-7, Rohini, Delhi-110085 13. Deepali Kapoor D/o Sh. Vinod Kapoor, R/o B-3/47, Sec-16, Rohini, Delhi-110085 14. Umesh Sharma S/o Sh. Ved Parkash, R/o VPO Garhi Rajlu, Dist-Sonepat (HR) 15. Rajni Dangi D/o Sh. Rajpal Dangi, R/o H.No.148, Tikri Khurd, Narela, Delhi-110040 16. Firoz Ali Ansari S/o Tajmuml Husain Ansari, R/o H.No.14, Moti Nagar Hospital, Complex, Delhi-110015 (All through Mr. Pawan Goel, O.t. Assistant, Dr. Baba Sahib Ambedkar Hospital, Rohini, New Delhi) (By Advocate: Shri Harish Kumar) -V E R S U S- 1. Govt. of NCT Delhi, through its Chief Secretary, New Secretariat, New Delhi 2. Principal Secretary (Health), Govt. of NCT Delhi, New Secretariat, ITO, New Delhi 3. Dr. Baba Sahib Ambedkar Hospital, through its Medical Superintendent, Rohini, Delhi-85 -Respondents (By Advocate: Ms. Alka Sharma) O R D E R (Oral)
Shri George Paracken:
While the applicants in OA No.3419/2010 are para medical staff working in Hindu Rao Hospital under the Municipal Corporation of Delhi, the applicants in OAs No. 1943/2010 and 2945/2010 are similar employees working in Lal Bahadur Shastri Hospital and Dr. Baba Sahib Ambedkar Hospital under the Govt. of NCT of Delhi respectively. Since the issue raised in all these Original Applications is same, they are disposed of by this common order.
2. The issue is, in the particular facts and circumstances, whether the applicants, who are contractual employees, are entitled for equal pay and allowances as granted to the regular employees performing the same duties. Earlier, the Full Bench of this Tribunal had considered this issue in OA No. 1330/2007, Mrs. Victoria Massey Vs. National Capital Territory of Delhi & Ors., and OA No. 1331/2007 Mrs. Swaran Kanta Vs. National Capital Territory of Delhi & Ors. The Full Bench, after a detailed discussion of the various cases decided by the Apex Court as well as the other courts, vide its common order dated 23.08.2008, came to the conclusion that the applicants therein were entitled for pay and allowances at par with regular employees of the respective categories. The relevant paras of the said order are as under:-
17. The totality of the discussions leads us to a conclusion that the applications are required to be allowed. However, in view of the delay in coming over to this Tribunal, some amount of restrictions necessarily are to be imposed in the matter of grant of monetary relief. Applicants in both the OAs will have the date of their initial engagement counted as the date of entry. Their pay scales and pay have to be appropraiately fixed with reference to such date. Increments will be admissible to them from the above date and their pay as on today is to be fixed on such basis that they were as Grade A Nurses for all purposes. They will be entitled to the actual resultant arrears only with effect from the date they filed this Original Applications, namely, 26.07.2007. We also record the submission made by the learned counsel that the applicants have no claim for getting their services regularized, especially since as they had not passed the prescribed test for getting such benefits.
18. A technical objection had been raised by the respondents that in the earlier original applications and writ petitions, reliefs have been granted to concerned persons who were employed in the hospitals under the Municipal Council of Delhi, and as far as the NCT of Delhi is concerned, decision could not have been applicable on all fours.
19. But we note that identical contentions as above had been raised before the High Court as well as in OA 1857/2006, but have been found as having no merit. Therefore, in such circumstances, we do not think it appropriate to dwell on such technical objections. We direct consequential orders as per our directions as above are to be passed by the concerned respondents and benefits are to be extended to the applicants within three months from today. There will be no order as to costs.
4. The respondents carried the aforesaid Order of this Tribunal before the Honble High Court of Delhi in Writ Petition No. 8476/2009 and other connected cases. The Honble High Court, vide its judgment dated 22.5.2009, modified the Order of the Full Bench to the extent that the applicants therein were not entitled for promotion as well as increments as long as they remain as contractual employees. The operative part of the said judgment is as under:-
The legal position in this regard is that casual or contract employees are not entitled to increments and would get pay at the minimum of the regular pay scale. In the absence of regularization, question of consideration of cases for promotion also would not arise. While that is the position in law, we have no information as to whether other Staff Nurses appointed on contract basis, who had approached the Tribunal and this Court earlier for pay parity and were granted relief, have been granted increments or not. In case the petitioner had given to those nurses appointed on contract basis benefit of increment, then it would be extended to the respondents herein as well as the principle of equality and equal treatment. However, if such a benefit has not been granted to other similarly situated staff nurses appointed on contract basis, then the respondents herein also shall not be entitled to benefit of either increment or promotion. All these writ petitions are disposed of in the aforesaid terms. Petitioner shall work out the arrears of salary payable to the respondents in terms of aforesaid direction. Arrears will be calculated from the date when these respondents filed the O.A. If the payment is not made within two weeks, respondents will be entitled to approach the Court for withdrawal of the amount deposited in the Court.
5. During the course of hearing in these OAs, the Tribunal has sought information from the respondents as to the various allowances being given to the regular employees of the respective categories. The respondents have submitted that the regular employees are entitled for the following emoluments:-
(a) Basic Pay
(b) Grade Pay
(c) Dearness Allowance
(d) House Rent Allowance
(e) Transport Allowance (Non Taxable)
(f) Transport Allowance (Taxable)
(g) Hospital Patient Care Allowance
(h) Washing Allowance
(i) Maternity Leave Allowance (for female employees)
6. From the above position, it is clear that the aforesaid Full Bench decision of this Tribunal, as modified by the Honble High Court shall hold the field. Therefore, the applicants, who are working as contractual employees under the Govt. of NCT of Delhi and Municipal Corporation of Delhi are entitled for all the benefits as admissible to the similarly placed regular employees of their respective categories except promotion and annual increments while they remain as contractual employees. In other words, they have to be given all the allowances which are being given to the similarly placed employees. As regards the dearness allowance is concerned, it is clarified that the benefit of the periodical revision of the same will also be given to the contractual employees. Consequently, the respondents are directed to re-fix the monthly emoluments of the applicants from their respective dates of initial engagements. However, the arrears arising out of such fixation shall be admissible only from the respective dates they have filed these OAs. The respective dates of filing OA No. 1943/2010, 2945/2010 preceded by OA No. 724/2010 and OA No. 3419/2010 are 2.6.2010, 4.3.2010 and 01.10.2010. The respondents are directed to carry out the aforesaid directions within a period of two months from the date of receipt of a copy of this order.
7. With the aforesaid directions, these OAs are allowed. There shall be no order as to costs.
(Dr. Veena Chhotray) (George Paracken) Member (A) Member (J) /lg/