Central Administrative Tribunal - Delhi
Sh. Anuj Kumar S/O Sh.Iqbal Singh vs Govt. Of Nct Of Delhi & Ors Through on 15 June, 2011
Central Administrative Tribunal
Principal Bench, New Delhi.
OA 2370/2010
New Delhi this the 15th day of July, 2011
Honble Mrs.Meera Chhibber, Member (J)
Honble Dr. A.K.Mishra, Member (A)
Sh. Anuj Kumar S/o Sh.Iqbal Singh
R/o VPO-Tandheda,
Tehsil Jansath,
Distt. Muzzafar Nagar, UP. Applicant.
(By Advocate: Shri M.K.Bhardwaj)
Versus
Govt. of NCT of Delhi & Ors through:
1. Chief Secretary
Govt. of NCT of Delhi,
Delhi Sectt., I.P.Estate,
New Delhi.
2. The Chairman,
Delhi Transport Corporation
ISBT, Delhi.
3. The Chairman
Delhi Subordinate Service Selection Board,
FC-18, Karkarduma, Institutional Area,
Delhi. Respondents.
(By Advocate: Shri N.K.Singh for Mrs.Avnish Ahlawat for R-1 and 3
Shri Ajesh Luthra for R-1)
ORDER (ORAL)
By Mrs.Meera Chhibber, Member (J):
Applicant has sought a direction to the respondents to issue appointment letter to him in terms of order dated 01.01.2010 and allow him joining from the date of joining of similarly placed persons including seniority. It is stated by the applicant that he had applied for the post of Driver in DTC through DSSSB. He passed the test and his dossiers was also sent by the DSSSB to the DTC who had issued offer of appointment also to the applicant on 01.01.2010. In spite of it, applicant was not allowed to join. He has thus filed this OA seeking relief as mentioned above.
2. Reply has been filed by the DTC, in which it is stated that in the dossier file of the applicant, a copy of the certificate bearing No.234/22491 is available which shows that the candidate has passed the ADEEB Examination from Jamia Urdu, Aligarh in 1995. As per Notification dated 28.06.1978 issued by the Ministry of Home Affairs, Department of Personnel & Administrative Reforms, Government of India, the ADEEB examination is recognized for the purpose of employment of the posts which require knowledge of URDU or High School/Matriculation standard. As such, the certificate of ADEEB has not been considered as full-fledged equivalent to the Matriculation examination, whereas for the Driver post, full-fledged matriculate candidate is required to be appointed. In view of foregoing facts, the dossier in respect of the applicant has been forwarded to the DSSSB vide letter dated 30.08.2010 with the request to take necessary action towards clarification/confirmation etc. at an early date. However, DSSSB has not given any reply so far.
3. Counsel for the DSSSB stated that they had examined the matter and have given the reply to the DTC for the post of Driver, which is disputed by the counsel for the DTC. However, no such letter is placed on record.
4. We have heard all the counsel. Since respondents had themselves stated that they are seeking clarification, we dispose of this OA at the admission stage itself, without going into the merits of the case by directing the respondents to verify whether certificate of ADEEB is equivalent to Matric for appointment to the post of Driver from the appropriate authority and then pass a final order within a period of three months from the date of receipt of a copy of this order under intimation to the applicant. OA stands disposed off. No order as to costs.
(Dr. A.K. Mishra) (Mrs. Meera Chhibber)
Member (A) Member (J)
/kdr/