Central Administrative Tribunal - Delhi
Deen Bandhu Garg vs South Delhi Municipal Corporation Of ... on 30 September, 2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA-2482/2019
MA-2692/2019
MA-2693/2019
New Delhi, this the 30th day of September, 2019
Hon'ble Sh. A.K. Bishnoi, Member(A)
Hon'ble Sh. R.N. Singh, Member(J)
1. Deen Bandhu Garg (Teacher Primary), Group 'B',
Age 33 years, Sub : Regularization,
S/o Sh. Dinesh Chand Garg,
R/o H.No.221, Mohan Baba Nager,
Baderpur, Delhi.
2. Anita Devi (Teacher Primary), Group 'B',
Age 36 years,
D/o Sh. Umed Singh,
R/o 221 VPO Matiala, Delhi.
3. Jai Singh (Teacher Primary), Group 'B',
Age 37 years,
S/o Sh. Ram Chander,
R/o 61 Khushi Ram Patji,
VPO Ujwa, New Delhi-110052.
4. Jyoti Deshwal, (Teacher Primary) Group 'B',
Age 32 years,
D/o Randhir Singh Deshwal,
R/o N-91, MD Road, Gopal Nager,
Najafgarh,
West Delhi-110043.
5. Sushma, (Teacher Primary ), Group 'B',
Age 37 years,
D/o Babu Ram,
R/o Vill. Ranholla,
P.O. Nangloi, New Delhi-110041.
2 OA -2482/19
6. Meenu Sager, (Teacher Primary), Group 'B',
Age 35 years,
D/o Sh. Sant Ram,
R/o E-3/25, Chankya Place,
Pankha Road, Part-I,
New Delhi.
7. Pushpa Kumari, (Teacher Primary), Group 'B',
Age 38 years,
D/o R.N. Prasad,
R/o BE-364A,
IIIrd Floor, Gali No.I,
Hari Nager, Maya Puri,
Delhi Cantonment, South West Delhi-110064.
8. Salma, (Teacher Primary), Group 'B',
Age 32 years,
D/o Abdul Zabbar,
R/o GC-55, Pul Pehladpur, Delhi-110045.
9. Rajkamal, (Teacher Primary), Group 'B',
Age 46 years,
S/o Shri Ram Prasad,
R/o E-1, Madangir,
New Delhi-110033. ... Applicants
(through Sh. U. Srivastava)
Versus
1. South Delhi Municipal Corporation
through the Commissioner,
Dr. Shyama Prasad Mukherjee, Civic Center,
New Delhi-110002.
2. The Director, Education Department (HQ) SDMC,
Dr. Shyama Prasad Mukherjee,
Civic Center, E-Block, 15th Floor,
J.L.N. Marg, New Delhi-110002.
3. The Deputy/Assistant Director of Education, SDMC,
Education Deptt., South Zone, Green Park,
3 OA -2482/19
Delhi-110016. ... Respondents
(through Ms. Manisha Tyagi)
ORDER(ORAL)
Hon'ble Sh. R.N. Singh, Member(J) MA No. 2693/2019 By way of this MA, the applicants have prayed for permission to file this application jointly. For the reasons given therein the MA and keeping in view the no objection from the learned counsel for the respondents, the MA is allowed. OA No. 2482/2019
In the present OA, the applicants, nine in number, have filed the present application under Section 19 of the Administrative Tribunals Act, 1985, praying therein for the following reliefs:
"(a) Directing the respondents to place the relevant records pertaining to the present O.A. before the Hon'ble Tribunal for the proper adjudication in the matter.
(b) Declaring the actions of the respondents not to considering and finalizing the request of the applicants for absorption/regularization in their services who are duly selected persons against sanctioned posts and are still working since 2007 in case of the applicants No.1 to 6, since 2008 in case of applicants No.7 & 8 and since the year 2003 in case of the applicant No.9 respectively and completing more than 10 years of their satisfactory services from the date of their initial appointments is as illegal, biased, perverse, unjust, arbitrary, 4 OA -2482/19 malafide, unconstitutional , against the principles of natural justice, violative of articles 14, 16 & 21 of the constitution of India and against the mandatory provision of law.
(c) Directing the respondents to consider and finalize the case of the applicants for regularization/absorption in their respective services devising a suitable methodology in accordance with the relevant rules and instructions on the subject more particularly the law laid down by the Hon'ble High Court of Delhi in WP(C) No.14160/2009 titled as SK Chaudhray & Ors. Vs. Govt. of NCT Delhi & Ors. decided on 09.01.13 and WP(C) No.6798/02 titled as Sonia Gandhi & Ors. Vs. Govt. of NCT Delhi & Ors., decided on 06.11.13.
(d) Allowing the OA with consequential benefits and costs any other fit and proper relief may also be granted."
2. The OA is heard and taken up for final disposal with the consent of the learned counsel for the parties.
3. Learned counsel for the respondents, submits that the respondents have already extended the contractual employment of the applicants for further one month, i.e., up to 31.10.2019 by an order dated 30.09.2019. She further submits that the respondents have already issued offer of appointment to the regularly selected persons for the post against which the applicants are engaged, vide office order dated 17.07.2019 and such candidates are required to join by 15.10.2019.
4. In view of the aforesaid, the present OA is disposed of by directing the respondents that, in case, they are in need of services 5 OA -2482/19 of contractual teachers, the applicants shall not be replaced by new set of contractual teachers and if, after appointing the persons selected on regular basis, there still remain some unfilled vacancies and the respondents are in need of the services of contractual teachers, the applicants shall be given preference, over the juniors and freshers.
5. The OA is, accordingly, disposed of in the aforesaid terms. MA No. 2692/2019 also stands disposed of accordingly. No costs.
(R.N. Singh) (A.K. Bishnoi)
Member(J) Member(A)
/ns/