Central Administrative Tribunal - Delhi
Rinki Rani vs Department Of Education on 29 January, 2026
1
Item No. 54 O.A. No. 2059/2025
Court No. IV
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 2059/2025
This the 29th day of January, 2026
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Mr. Rajinder Kashyap, Member (A)
1. Rinki Rani
D/o Ashok Kumar
R/o C-323, Street no. 14,
Bhajanpura, Delhi-110053.
2. Sakshi Nagpal
D/o R.C. Nagpal
R/o Nil 33A, Ground Floor
Malviya Nagar,
New Delhi-110001
...Applicants
By Advocate: Ms. Ayushi Singhal with
Mr. Ishan Jain and
Mr. Devki Nandan
Versus
1. Govt. of NCT of Delhi
Through the Chief Secretary,
5th Floor, Delhi Sachivalaya
New Delhi.
2. Delhi Subordinate Services Selection Board,
Through its Chairman
Govt. of NCT of Delhi,
F-18, Karkardooma
Institutional Area, Delhi -92.
3. Directorate of Education
Through its Directorate
GNCT of Delhi,
Old Secretariat, Delhi.
SHILPI GUPTA ...Respondents
SHILPI GUPTA2026.02.03
17:08:35+01'00'
By Advocate(s): Ms. Purnima Maheshwari
Mr. Amit Anand
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Item No. 54 O.A. No. 2059/2025
Court No. IV
ORDER (ORAL)
Hon'ble Mr. Manish Garg, Member (J) Present O.A. has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking following reliefs:-
"8. (i) To direct respondents to appoint the applicants TGT (Computer Science) Post Code 192/14) as per their merit and offer of appointment [Annexure-Al (Colly)] with all consequential benefits including arrears of pay and seniority etc. from the date of appointment of similarly placed persons.
(ii) To declare action of respondents in delaying the appointment of applicants to the post of TGT (Computer Science) as illegal and arbitrary.
(iii) Award cost of the present proceedings.
(iv) For any other (s)/direction(s) as your Lordships may deem fit and proper in the interest of justice."
2. Highlighting the facts of the present case, learned counsel for the applicant submits that the issue in the present matter is squarely covered by the decisions of this Tribunal in OA No. 708/2019, OA No. 297/2021, OA No. 295/2021, OA No. 2652/2017 and OA No. 3336/2017. He submits that the applicant no. 1 and applicant no. 2 were issued offer of appointment to the post of TGT (Computer Science) by the respondents on 25.04.2018 and on 09.10.2018 respectively." SHILPI GUPTA SHILPI GUPTA2026.02.03 2.1. He further submits that in identical situation in 17:08:35+01'00' above mentioned O.As where the same selection 3 Item No. 54 O.A. No. 2059/2025 Court No. IV process and same post code in question, the relief has been granted by this Tribunal to the applicants therein. The applicants herein are similarly placed and therefore on the analogy of the decision rendered, which has already been implemented by the respondents the order be passed in favour of the applicants herein as well.
3. Learned counsel for the respondents highlights the contentions urged on 28.01.2026, which reads as under:-
"Learned counsel for the respondents draws attention that as per list of dates reliance has been placed by the learned counsel for the applicant himself on OA No. 708/2019, OA No. 297/2021, OA No. 295/2021, OA No. 2652/2017 and OA No. 3336/2017 decided on 27.04.2023. He submits that Mr. Vaibhav Panwar was one of the respondents in O.A. No. 2652/2017 in the matter of Rajesh Kumar Vs. Govt. of NCT of Delhi who had preferred a Writ Petition No. 14740/2023 before the Hon'ble High Court, wherein the Hon'ble High Court has stayed the operation of the order passed in O.A. No. 2652/2017.
On the other hand, he draws attention to the fact that the stay is operating only in O.A. No. 2652/2017, where Vaibhav Panwar was and the other judgments have been implemented by the respondents. He places a reliance on decision rendered by this Tribunal in O.A. No. 3440/2017 decided on 30.04.2024 titled as Swati Sharma and Ors. Vs. Govt. of NCTD of Delhi & Ors., wherein one of the applicant Mr. Pawan Kumar has been granted appointment on 05.01.2026."
3.1. Learned counsel for the respondents, however SHILPI GUPTA does not dispute that the issue has striking similarity SHILPI GUPTA2026.02.03 17:08:35+01'00' to the order passed in batch of matters in being OA No. 4 Item No. 54 O.A. No. 2059/2025 Court No. IV 708/2019, OA No. 297/2021, OA No. 295/2021, OA No. 2652/2017 and OA No. 3336/2017 decided on 27.04.2023 involving the same postcode and same selection process. However, due to operation of stay by the Hon'ble High Court, no relief can be granted in the present matter as on date.
3.2. Learned for the respondents has also contended that, if there is a batch of matter and a stay has been granted in one of the matters, it will operate to all the matters.
4. Having heard the learned counsel for the parties and perused the records of the case.
5. There is a fallacy in the argument of the learned counsel for the respondents itself as the order of stay specifically confines the stay only to O.A. No. 2652/2027 (Rajesh Kumar & Ors. Vs. Govt. of NCT of Delhi & Ors.). We are of the view that no doubt in batch of matters there is a stay operating by the Hon'ble High Court in W.P. No. 14740/2023. However, on careful perusal of the order passed by the Hon'ble High Court in W.P. No. 14740/2023 on 10.11.2023, it SHILPI GUPTA is revealed that the stay is operational only in the SHILPI GUPTA2026.02.03 17:08:35+01'00' matter where Mr. Vaibhav Panwar is one of the 5 Item No. 54 O.A. No. 2059/2025 Court No. IV respondents i.e. in O.A. No. 2652/2017 titled as Rajesh Kumar Vs. Govt. of NCT of Delhi. The records have also been placed on record that the applicants herein are identically placed to that of one Pawan Kumar who is one of the applicants in batch matters other than O.A. No. 2652/2017, who has been granted appointment on 05.01.2026.
5.1. Further, attention has been drawn by the learned counsel for the applicant the decision rendered in O.A. No. 3440/2017 decided on 30.04.2024 titled as Swati Sharma Vs. Govt. of NCTD of Delhi & Ors. which has been implemented by the respondents. The directions passed by this Tribunal while deciding the matter of Swati Sharma, reads as under:-
"4. In view of the above, we cannot take a divergent view in the matter. We, therefore, allow the OA with direction to the respondents to issue necessary orders of joining after completion of necessary formalities within a period of three months from the date of receipt of a certified copy of this order.
4.1 We further clarify that the reliefs shall be confined to the applicants who have already been offered offer of appointment. The applicants shall not be entitled to arrears of salary and wages but shall be entitled to all consequential benefits like seniority etc. in their respective categories. The consequential reliefs shall also be extended to Applicant No. 3-Vinay Kumar who has already joined the services. Pending MA, if any, also stands disposed of. There shall be no order as to costs."
SHILPI GUPTA 5.2. Since the stay is operational and confined to only SHILPI GUPTA2026.02.03 17:08:35+01'00' O.A. No. 2652/2017 titled as Rajesh Kumar Vs. Govt. of 6 Item No. 54 O.A. No. 2059/2025 Court No. IV NCT of Delhi, the said operation of stay cannot be regarded as an impediment to grant appropriate relief to the applicants. More particularly in light of the fact that identically placed persons which is not a matter of dispute for the post in question, the respondent have themselves implemented the order. One such order has been placed on record, which reads as under:-
"Consequent upon selection on provisional basis through Delhi Subordinate Service Selection Board for recruitment to the post of TGT (Computer Science) and with the prior approval of the competent authority, the following candidates are hereby appointed purely on provisional basis to the post of TGT (Computer Science) under post code 192/14 in the Pay Scale of 9300-34800 in Grade Pay 4000 (Pre-revised) as admissible under the Rules from time to time subject to usual terms and conditions given in the offer of appointment and accepted by the candidate. The following candidates are referred to Govt. Hospital for medical examination and their medical fitness certificates are awaited. Hence, the Appointment is issued provisionally in relaxation of FR 10 and drawl of pay and allowances for a period not exceeding 2 months is subject to medical examination within 2 months from the date of Provisional Appointment and if the candidate is subsequently found medically unfit his/her services shall be terminated after the expiry of the period of 1 month from the date of communication to him/her of the findings of the medical officer/board, if no appeal for second medical examination is made by him/her during this period or after the case for second medical examination finally decided, if, such an appeal is made and accepted. The candidates are directed to join their post at place of posting by 16/02/2026 falling which the appointment shall stand cancelled without any further communication.
S. Employee Post Date Of Categ Posted At
No. Name Birth ory
1. INDU- TGT 31/12/19 SC CM SHRI
20251238 COMPUTER 87 School, Phase
SHILPI GUPTA SCIENCE II, Ashok Vihar-
SHILPI GUPTA2026.02.03
17:08:35+01'00' 1411027
2. PAWAN TGT 31/03/19 OBC Sultanpuri, P-
KUMAR- COMPUTER 85 Block-GBSSS-
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Item No. 54 O.A. No. 2059/2025
Court No. IV
20251237 SCIENCE 1412288
3. POOJA TGT 04/08/19 Gener Sultanpuri,
JAIN- COMPUTER 88 al Block F-GGSSS-
20251236 SCIENCE 1412089
Further, the appointment is subject to: (i) Verification of character and antecedents of the candidate. In case character antecedents of the candidate is found not verified or any false information is given by the candidate in his/her self declaration, the appointment shall be cancelled forthwith and other criminal/legal action will also be taken, as a consequence. (ii) Authentication of qualification of the documents/certificates including caste and Physical Handicap certificate by DDE concerned from institutes/Universities/Authorities on joining the respective school. The exercise of the verification of Character and antecedents should be carried out in six months time as per DOPT OM No. 18011/2(s)/2016- Estt. (B)(1) dated 20/06/2016. As per the directions in the OM. the DDE concerned has to carry out this exercise within the stipulated time. This issues with the approval of competent authority"
6. In view of the same, we cannot take a divergent view, which has already been taken in batch matter being OA No. 708/2019, OA No. 297/2021, OA No. 295/2021, OA No. 2652/2017 and OA No. 3336/2017 decided on 27.04.2023 as well as in O.A. No. 3440/2017 decided on 30.04.2024 titled as Swati Sharma and Ors. Vs. Govt. of NCTD of Delhi & Ors. passed by Coordinate Bench of this Tribunal.
7. On the analogy of the same, we dispose of the present O.A., by directing the respondents to pass appropriate orders of joining in favour of the applicants herein after completion of necessary formalities within SHILPI GUPTA SHILPI GUPTA2026.02.03 a period of three months from the date of receipt of a 17:08:35+01'00' certified copy of this order. It is also made clear that 8 Item No. 54 O.A. No. 2059/2025 Court No. IV applicants shall not be entitled to arrears of salary and wages but shall be entitled to all consequential benefits like seniority etc. in their respective categories.
8. The present O.A. is disposed of in aforesaid terms. Pending MAs, if any, shall also stand disposed of accordingly. No order as to costs.
(Rajinder Kashyap) (Manish Garg)
Member (A) Member (J)
/SG/
SHILPI GUPTA
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