Central Administrative Tribunal - Delhi
Ram Babu Sharma vs Municipal Corporation Of Delhi on 11 December, 2009
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
MA No.2472/2009
T.A. No.1021/2009
New Delhi, this the 11th day of December, 2009.
HONBLE SHRI SHANKER RAJU, MEMBER (J)
HONBLE DR. (MRS.) VEENA CHHOTRAY, MEMBER (A)
1. Ram Babu Sharma, S/o Shri Jai Ram, R/o 201, Bal Mukand Khand, Giri Nagar, Kalkaji, New Delhi-110019.
2. Raj Bahadur, S/o Shri Bal Kishan, R/o Vill. Chenoli, P.O. Hasanpur, Distt. Faridabad, Haryana.
3. Hubb Lal, S/o Shri Talewar Singh, 60C/3, Railway Colony, Tuglakabad, New Delhi-110044.
-Applicants
(By Advocate: Ms. Indu Mittal for Shri Ashok Aggarwal)
-Versus-
1. Municipal Corporation of Delhi, through its Commissioner, Town Hall, Chandni Chowk, Delhi-110006.
2. Delhi Subordinate Services Selection Board, UTCS Building, Institutional Area, Behind Karkardooma Courts Complex, Shahdara, Delhi-110032.
-Respondents
(By Advocate: Shri M.K. Gaur for Ms. Saroj Bidawat)
ORDER
Honble Mr. Shanker Raju, Member (J):
At the outset, applicants seek promotion as Assistant Malaria Inspectors (AMIs), which has been opposed by the respondents on the ground that having worked for three years as Malaria Jamadars, applicants are not entitled to be promoted.
2. We find that in rejoinder an office order issued by MCD dated 8.3.1991, whereby on a review DPC Malaria Beldars have been considered for promotion as AMIs on regular basis, despite existence of the Rules. If it is so, when the order is not projected to be erroneous, applicants cannot be discriminated invidiously.
3. On hearing the rival contentions, TA stands disposed of, with a direction to the respondents to consider the claim of applicants for promotion as AMIs, with all consequences in law, by passing a reasoned and speaking order, within a period of three months from the date of receipt of a copy of this order. No costs.
(Dr. Veena Chhotray) (Shanker Raju) Member (A) Member (J) San.