Central Administrative Tribunal - Delhi
Santosh vs East Delhi Municipal Corporation ... on 1 October, 2021
1 OA No. 2160/2021
Item No. 9
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.2160/2021
This the 1st day of October, 2021
(Through Video Conferencing)
Hon'ble Mr. A.K. Bishnoi, Member (A)
Hon'ble Mr. R.N. Singh, Member (J)
Smt. Santosh
W/o Late Sh. Budh Prakash
R/o E-51, C-1 Block,
T109 Jhuggi, Nand Nagri,
Rohtash Nagar
Delhi-110093
... Applicant
(through Advocate: Sh. Sachin Kumar)
Versus
East Delhi Municipal Corporation
(Through its Commissioner)
419, Udyog Sadan,
Patparganj Industrial Area
New Delhi-92.
... Respondent
(through Advocate: Shri Manjeet Singh Reen)
ORDER (Oral)
Hon'ble Mr. R. N. Singh, Member (J):
It is contended by the learned counsel for applicant that the husband of the applicant, a regular Safai Karamchari under the respondents, has unfortunately expired in the year 2010 and the respondents have considered the applicant for compassionate appointment 2 OA No- 2160/2021 Item No. 9 and had found her fit and suitable for grant of compassionate appointment. Accordingly, they appointed the applicant on compassionate ground against the post of Swachchata Karamchari, however, not on regular basis but on daily wage basis. He submits that there is no provision under the scheme of compassionate appointment for appointment on daily wage basis. The respondents were required to appoint the applicant on regular basis, however, as she was in dire need of an employment and financial assistance, she accepted the appointment on daily wage basis. Thereafter the applicant has been making various representations before the respondents to consider and regularise her services, on the post on which she has been appointed on daily wage basis, on compassionate appointment, however, till date, no remedial action has been taken by the respondents.
2. In the aforesaid background, the applicant has filed the instant OA under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief (s) :-
"(i) issue an appropriate order or direction thereby directing the respondent to regularize the appointment of the applicant on compassionate ground from the initial date of her joining i.e. 11/01/2011 and also to determine and pay all the consequential arrears, dues, allowances, etc. thereof to the applicant in accordance with 6th & 7th pay
3 OA No- 2160/2021 Item No. 9 commission (on pro rata basis) along with the interest of 12% p.a. till the date of actual payment.
(ii) pass any such other or further order(s) as this Hon'ble Tribunal may deem fit and appropriate in the interest of justice and in favour of the applicant.
(iii)allow the present application with cost, in favour of the applicant."
3. Issue notice. Shri M.S. Reen, learned counsel, who appears for respondents on advance service, accepts notice.
4. Learned counsel for the applicant submits that the applicant shall be satisfied, if the present OA is disposed of at this very stage, with a direction to the respondents to consider her pending representation dated 28.08.2021 (Annexure A-1) and to dispose of the same by passing an appropriate reasoned and speaking order. To such request of the applicant, there is no objection from the learned counsel appearing for the respondents.
5. In view of the aforesaid facts and circumstances, without going into merits of the case, the present OA is disposed of with a direction to the respondents to consider the applicant's aforesaid pending representation and to dispose of the same, by passing an appropriate reasoned and speaking order, as expeditiously as possible, and 4 OA No- 2160/2021 Item No. 9 preferably within a period of eight weeks from the date of receipt of a copy of this order.
6. The OA is disposed of in the aforesaid terms. There shall be no order as to costs.
(R.N. Singh) (A. K. Bishnoi)
Member (J) Member (A)
/daya/mk/