Delhi High Court - Orders
Monika vs Shri Shurbir Singh & Ors on 27 May, 2024
$~125
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 885/2024 & CM APPL. 31721/2024
MONIKA ..... Petitioner
Through: Ms. Pragnya Routray, Adv.
M: 9818551955
Email: [email protected]
versus
SHRI SHURBIR SINGH & ORS. ..... Respondents
Through: Mrs. Avnish Ahlawat, SC, GNCTD
with Mr. Nitesh Kumar Singh, Ms.
Laavanya Kaushik, Ms. Aliza Alam
and Mr. Mohnish Sehrawat,
Advocates for R-1 & 3.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 27.05.2024 CM APPL. 31721/2024 (For Exemption)
1. Exemption allowed, subject to just exceptions.
2. Application is disposed of.
CONT.CAS(C) 885/2024
3. The present petition has been filed alleging willful disobedience of the order dated 18th March, 2024, passed by Division Bench in W.P.(C) No. 2831/2021, wherein, the following directions had been issued:
"xxx xxx xxx
9. From a perusal of the aforesaid, we are of the view that the case of the petitioner is in fact on a better footing as unlike in the case of Mukesh Kumar Yadav (Supra), the petitioner had applied for change in category within 10 days of appearing in the exam. Further, she had filled the OMR sheet as a PH category candidate itself and this This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 20:39:53 request by her was made much before the results were declared on 15.09.2017, i.e., before the rights of other selected candidates were crystallized. Infact, we find that the respondents are not seriously disputing that the petitioner belongs to the PH category, which fact in any event, was easily verifiable from the medical documents uploaded by her. This Court cannot lose sight of the fact that under the Rights of Persons with Disabilities Act, 2016 and the various international treaties on the rights of persons with disabilities, an endeavor must be made to integrate persons with disabilities in the mainstream.
10. In the light of the aforesaid, we have no hesitation in setting aside the impugned order passed by the learned Tribunal and allowing the writ petition by directing the respondents to appoint the petitioner as TGT (Computer Science) by granting her seniority and other notional benefits including pay fixation with effect from the date when other candidates selected pursuant to the said examination were appointed. It is, however, made clear that the petitioner will not be granted any back wages, though her pay will be fixed appropriately, at par with her counterparts.
xxx xxx xxx"
4. Subsequently, by order dated 3rd April, 2024, directions had been issued to the respondent, to implement the order dated 18th March, 2024, within a period of six weeks.
5. Learned counsel appearing for the petitioner submits that despite the categorical directions by the Division Bench, the aforesaid order has not been complied with.
6. Issue notice. Notice is accepted by learned counsel appearing for the respondents.
7. Let reply be filed within a period of four weeks.
8. Rejoinder thereto, if any, be filed within two weeks, thereafter.
9. Re-notify on 8th August, 2024.
MINI PUSHKARNA, J MAY 27, 2024/ak This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 20:39:53