Central Administrative Tribunal - Delhi
Nisha vs R Alice Vaz Secretary D T T E Govt. Of Nctd on 12 March, 2024
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Item No. 18/ C-2 C.P. No. 349/2023
O.A. No. 1339/2021
Central Administrative Tribunal
Principal Bench: New Delhi
C.P. No. 349/2023
In
O.A. No. 1339/2021
This the 12th day of March, 2024
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mr. Manish Garg, Member (J)
1. Ms. Nisha
Aged about 31 years
D/o Mr. Vimal Prakash
R/o X/2166, Raghubar Pura,
No.1, Gandhi Nagar,
Delhi-110031
Post : Basic Cosmetology
College : ITI Mori Gate
2. Ms. Ekta
Age 33 years
D/o Mr. Dalbir Singh
R/o C-68, Bhagwati Garden Extension,
Kakrola Mor, New Delhi-110059
Post : Sewing Technology
College : ITI Hastsal, Uttam Nagar
3. Mr. Rajesh Kumar Gupta
Age about 30 years
S/o Mr. Swami Nath Gupta,
R/o L-1 304/5 Sangam Vihar ND
Post - Plumber
College - ITI Arab-Ki-Sarai (AKS)
4. Ms. Renu Maan
Age about 30 years
D/o Mr. Ram Rattan Maan,
R/o RZ-47, N-Block,
Maharishi Dayanand Marg,
Gopal Nagar, Najafgarh,
Delhi-110043
Post - Architecture Draftsman
College - Siri Fort ITI
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Item No. 18/ C-2 C.P. No. 349/2023
O.A. No. 1339/2021
5. Ms. Pragya
Age 30 years.
D/o Shri Satyapal Singh
R/o Flat No.282,
Lumbani Apartment, Kaushambi,
Ghaziabad, U.P. 201010
Post - Fashion Designing and Technology,
College, ITI H.J. Bhabha, Mayur Vihar
6. Ms. Sandhya
Age about 29 years,
D/o Mr. Sukhbir Singh
R/o Near Railway Crossing,
Chetak General Store, Bijwasan,
New Delhi-110061
Post - ITI Instructor (Fashion Design & Technology)
College - ITI Nand Nagari, Shahdara
7. Mr. Pankaj
Aged about 26 years,
S/o Mr. Jai Prakash Sharma,
R/o DD 39 A, Shyam Nagar Colony,
Palwal, Haryana
Post - Instructor of MAEE
(Mechanic Auto Electrical & Electronics)
College - ITI Arab-Ki-Sarai (AKS)
...Petitioners
(By Advocate: Mr Puneet Rathi for Ms Rashmi Chopra)
Versus
Ms. R. Alice Vaz
Secretary
Department of Training & Technical Education
Govt. of NCT of Delhi,
Muni Maya Ram Marg,
Pitam Pura, Delhi-110034
...Respondents
(By Advocate: Mr Amit Anand)
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Item No. 18/ C-2 C.P. No. 349/2023
O.A. No. 1339/2021
ORDER (ORAL)
Hon'ble Mr. Tarun Shridhar, Member (A) The CP alleges willful disobedience of the directions of this Tribunal in the captioned OA. We had given the following specific directions on 20.02.2023:
"25. In view of the above, respondents may reassess the functional requirement of Craft Instructors and take a considered decision to re- engage them as has been done in the case of 55 applicants, if there is a requirement for such posts and also if their juniors have been engaged overlooking the principle of "last come first go." Such decision may be taken by the concerned authority amongst respondents expeditiously and communicated to the applicants preferably within six weeks of receipt of this order. While doing so, the requisite relaxations, if any, in terms of the age etc. may also be considered as per the extant Recruitment Rules. However, the applicants will earn wages from the day of their engagement if any and will not be entitled to any back wages. OA is disposed accordingly. No order as to costs."
2. Mere reading of the directions quoted above indicates that the ball was in the court of the respondents to take an appropriate decision, ofcourse after making the requisite assessment of the 4 Item No. 18/ C-2 C.P. No. 349/2023 O.A. No. 1339/2021 requirement of the post of Craft Instructors and thereafter decide the claim of the applicant/petitioner.
3. The Hon'ble High Court in the Writ Petition No. 10908/2023 vide which the order of this Tribunal had assailed has also directed the respondents (petitioner before the Hon'ble High Court) that an appropriate consideration of the claim of the applicants (respondents before the Hon'ble High Court) be taken if they make a representation to this effect. The Hon'ble High Court has further directed that the representation/application shall be considered sympathetically.
4. Since the matter has engaged the attention of the Hon'ble High Court in the aforementioned Writ Petition nothing sustains in the present CP.
5. Accordingly, the CP stands closed.
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Item No. 18/ C-2 C.P. No. 349/2023 O.A. No. 1339/2021
6. The petitioners/applicants shall be at liberty to seek recourse to an appropriate remedy in accordance with law should any of their grievance still survive and should they still they be so inclined.
( Manish Garg) ( Tarun Shridhar) Member (J) Member (A) /ks/