Central Administrative Tribunal - Delhi
Samina Zubair vs New Delhi Municipal Corporation on 30 September, 2022
Item 16 OA 2847/2022
Central Administrative Tribunal
Principal Bench, New Delhi
OA No. 2847/2022
This the 30th Day of September, 2022
Hon'ble Mr. Ashish Kalia, Member (J)
Hon'ble Mr. Mohd. Jamshed, Member (A)
Samina Zubair
Serving as Assistant Teacher (Urdu), Group 'C'
Aged about 58 years
W/o Sh. Mudasir Zubair
R/o M-4, 3rd Floor
Sujan Singh Park,
New Delhi- 110003
...... Applicants
(By Advocate: Sh. M. K. Bhardwaj)
Versus
1. New Delhi Municipal Council,
Through its Chairman
Palika Kendra, 3rd Floor
New Delhi- 02
2. The Secretary
New Delhi Municipal Council,
Palika Kendra, 3rd Floor
New Delhi- 02
...Respondents
(By Advocate: Mrs. Sriparna Chatterjee)
Item 16 OA 2847/2022
ORDER (Oral)
Hon'ble Mr. Ashish Kalia, Member (J):
Learned counsel for the applicant submits that the applicant is aggrieved for non-regularization and grant of pay. The applicant, by filing the present OA, is praying therein for the following reliefs:-
"(a) To declare the action of the respondents in not regularising the service of applicant as Assistant Teacher (urdu) as illegal and direct the respondents to regularize the services of applicant and grant her emoluments at par with regular Assistant Teacher with all consequential benefits including arrears of pay.
(b) To declare the action of the respondents in not paying salary to the applicant as paid to regularly appointed Assistant Teacher as illegal and direct the respondents to pay to the applicant pay and allowances as well as all other service benefit by following the same criteria as followed for making payment of salary to regularly appointed teachers.
(c) To issue directions to the respondents to treat the entire service of applicant as regular as well as qualifying service for grant of pension and all other pensionary benefits under Old Pension Scheme as governed by CCS (Pension) |Rules, 1972 and release regular pension as well as all other pensionary benefits after attaining age of superannuation.
(d) Any other relief which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case
(e) Award costs."Item 16 OA 2847/2022
2. The applicant has been working as Teacher for the last two decades in the Respondent department and seeking regularization by making representation dated 22.10.2020 (Annexure A-1 Colly). Learned counsel for the applicant has also drawn our attention to the judgment passed by the Hon'ble High Court of Delhi in the matter of Govt. School Teachers' Association Vs. Union of India & Ors. dated 18.05.2015 and the Judgment of Hon'ble Supreme Court in the matter of State of Karnakata Vs. Uma Devi, 2006 (4) SCC 1 has also been discussed. Furthermore, learned counsel for the applicant also relied upon a judgment of the Hon'ble Apex Court in the matter of Netram Sahu Vs. State of Chhattisgarh & Anr. where Hon'ble Apex Court has directed to consider the same and allowed the case.
3. In light of above, the respondents are directed to consider the applicant's pending representation dated 22.10.2020 (Annexure A-1 Colly) and decide the same within a period of three months by passing a reasoned and speaking order.
4. In case the applicant is still aggrieved, she may approach this Tribunal at appropriate level. Item 16 OA 2847/2022
The OA is disposed of accordingly. It is made clear that we are not going into the merit of the case.
(Mohd. Jamshed) (Ashish Kalia)
Member (A) Member (J)
/pinky/