Central Administrative Tribunal - Delhi
Rajat Kumar vs Gnctd on 4 November, 2025
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Item No.41/ C-IV O.A. No.2034/2023
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No.2034/2023
M.A. No. 2386/2023
M.A. No. 2829/2025
This the 04th day of November, 2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
1. Rajat Kumar, TGT (Computer Science), Group 'B'
Aged About 29 Years, S/o Ram Singh, R/o D-1/1211,
Gali No.30, Harsh Vihar, Delhi - 110093.
2. Mukesh Kumar Gond, TGT (Computer Science),
Group 'B' Aged About 26 Years, S/o Bharat Gond R/o
Vashishth Nagar plat, Jharkataha (post), Ballia, Uttar
Pradesh - 277209
3. Tejram Meena, TGT (Computer Science), Group 'B'
Aged About 32 Years, S/o Mintu Lal R/o Garhi,
Mosmabad, Dharar (Post), Karauli, Rajasthan
4. Hemant Kumar, TGT (Computer Science), Group 'B'
Aged About 34 Years, S/o Mahendra Singh, R/o 19,
Police Colony, Jagatpuri, Krishna nagar, East Delhi -
110051
5. Piyush, TGT (Computer Science), Group 'B', Aged
About 28 Years, S/o Shut)hash, R/o H.No- 267, Jaunti,
North west Delhi - 110081
6. Rahul Dharrnashya, TGT (Computer Science), Group
'B', Aged About 29 Years, S/o Rajbeer Singh, R/o H.No
-104, Khampur, Delhi -110036
7. Gourav Sharma, TGT (Computer Science), Group 'B',
Aged About 34 Years, S/o Mohan LaI Sharma, R/o B-
1347, Shastri Nagar-, North West Delhi, Delhi - 110052
8. Gaurav Yadav, TGT (Computer Science), Group 'B',
Aged About 28 Years, S/o Hans Raj Yadav, R/o H.No-
410, Jharola Dairy, Burari. Delhi - 110084
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Item No.41/ C-IV O.A. No.2034/2023
...Applicants
(By Advocate : Mr. M K Bhardwaj)
Versus
1. Govt. of NCT of Delhi through its Chief Secretary,
Govt. of NCT of Delhi. New Secretariat, IP Estate, New
Delhi- 110002
2. The Principal Secretary (Services), Govt. of NCT of
Delhi. New Secretariat, IP Estate, New Delhi- 110002
3. Delhi Subordinate Service Selection Board, through
its Chairman, FC-18, Institutional Area, Karkardooma,
Delhi - 110092
4. Directorate of Education through its Director, Govt.
of NCT of Delhi. Old Secretariat, Delhi - 110054
...Respondents
(By Advocates : Mr. Amit Anand with
Mr. Tanmay Vasishtha;
Mr. H A Khan;
Mr. Girish C Jha)
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Item No.41/ C-IV O.A. No.2034/2023
ORDER (ORAL)
By Hon'ble Mr. Manish Garg, Member (J) M.A. No. 2386/2023 (Exemption) is allowed subject to just exceptions.
2. In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants seek the following reliefs:
i) To direct the respondents to appoint the applicants as TGT (Computer Science), Post Code 91/20, as per their merit against the unfilled vacancies notified in Advertisement No. 04/20 dated 04.01.2020, with all consequential benefits, including arrears of pay and seniority, from the date of appointment of similarly placed persons.
ii) To declare that the action of the respondents in delaying the appointment of the applicants to the post of TGT (Computer Science) is illegal and arbitrary, and to issue appropriate directions for the appointment of the applicants to the said post with all consequential benefits.
iii) To declare the action of the respondents in not filling up all the notified vacancies of TGT (Computer Science), Post Code 91/20, as illegal, and to direct the respondents to fill all the 26 vacancies amongst the qualified candidates/applicants.
iv) To allow the OA with exemplary costs.
v) Any other orders may also be passed as this Hon'ble Tribunal may deem fit and proper in the existing facts and circumstances of the case.
3. At the outset, learned counsel for the applicant submits that the present OA may be disposed of based on the affidavit filed on behalf of respondent No. 3 on 4 Item No.41/ C-IV O.A. No.2034/2023 27.12.2023. Relevant para of the same reads as under:-
"4. The DSSSB declared the Result vide Result Notice No.134 dated 28.04.22 and applicant was Provisionally nominated in waiting list. Dossiers were sent to the User Department i.e. Directorate of Education. Thus, now the appointment order to be issued lies in the domain of the User Department. The Position of applicants in final result are as under:
S. No. Name of Petitioners Roll No. Status in Result
1. Rajat Kumar 121109104216 ST WL-12
2. Mukesh Kumar Gond 112009100237 ST-PH(OH) WL-11
3. Tejram Meena 111209100738 ST WL-13
4. Hemant Kumar 121209101704 OBC (D) WL-25
5. Piyush 112509100439 OBC (D) WL-18
6. Rahul Dharmashya 121109100169 OBC (D) WL-24
7. Gourav Sharma 111709100203 OBC (D) WL-15 OBC-WL-26 / OBC-
8. Gaurav Yadav 112009100459 PH(OH) WL-1
4. Based on the affidavit filed on behalf of the respondents, it is noted that the respondents are duty-bound to follow their own instructions as contained in the said affidavit and take the nomination to its logical conclusion in accordance with law. Therefore, it is directed that the name of the applicant, in terms of the waitlist, be considered, and the respondents are directed to issue an offer of appointment to the applicant, subject to fulfilling eligibility. The respondents are further directed to grant notional consequential benefits, in accordance with law, if any.5
Item No.41/ C-IV O.A. No.2034/2023
5. The OA is disposed of in the aforesaid terms. Pending MAs, if any, shall also stand disposed of accordingly. No order as to costs.
(Dr. Anand S Khati) (Manish Garg)
Member (A) Member (J)
/sm/