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Central Administrative Tribunal - Delhi

Sanjeev Kumar Sharma vs North Delhi Municipal Corporation on 7 May, 2021

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                                                OA No. 1344/2018


       CENTRAL ADMINISTRATIVE TRIBUNAL
          PRINCIPAL BENCH, NEW DELHI

                   OA No. 1344/2018

            This the 07th day of May, 2021

              (Through Video Conferencing)

   Hon'ble Justice L. Narasimha Reddy, Chairman
      Hon'ble Mr. Tarun Shridhar, Member (A)

1. Sanjeev Kumar Sharma,
   Assistant Engineer (Civil) in DTL Scale, Group-A,
   Aged about 52 years,
   S/o Late Sh. R. R. Sharma,
   R/o 249, Deepali, Pitampura,
   New Delhi - 110034.

2. Mukesh Sharma,
   Assistant Engineer (Civil) in DTL Scale, Group A,
   Aged about 51 years,
   S/o Sh. R.P. Sharma,
   R/o NDMC Flat No. S-2,
   Electric Sub-Station-Aurobindo Marg,
   New Delhi - 110003.
                                                ... Applicants

(By Advocate : Mr. Rohan Jaitley and Mr. M. K. Bhardwaj)

                         Versus

1. New Delhi Municipal Corporation,
   Through its Chairperson,
   Palika Kendra,
   Sansad Marg, New Delhi.

2. The Secretary,
   New Delhi Municipal Council,
   Palika Kendra,
   Sansad Marg, New Delhi.

3. Union Public Service Commission,
   Through its Secretary,
   Dholpur House, Shahjahan Road,
   New Delhi.
                                             ... Respondents


(By Advocate : Mr. R. V. Sinha with Mr. Amit Sinha and Mr.
Vaibhav Agnihotri)
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                                                    OA No. 1344/2018




                    O R D E R (ORAL)

Justice L. Narasimha Reddy, Chairman :

The OA is listed for final hearing. In fact, the pleadings are also complete. However, learned counsel for the respondents seeks time to obtain instructions on certain aspects.

2. We heard Mr. Rohan Jaitley and Mr. M. K. Bhardwaj, learned counsel for the applicants and Mr. R. V. Sinha with Mr. Amit Sinha and Mr. Vaibhav Agnihotri, learned counsel for the respondents at some length.

3. It is not in dispute that the applicants are holding the post of Assistant Engineer (AE) for the past several years and they acquired eligibility to be promoted to the post of Executive Engineer (EE). The only reason spelt out in the counter affidavit for not filing up the post of EE is that the initial grades were amended by UPSC by amending the rules with reference to different posts altogether.

4. We are of the view that it is not in the interest of the Corporation also to keep the post of EE vacant for such a long period.

OA No. 1344/2018

5. We, therefore, dispose of the OA directing the respondents to consider the case of the applicants for promotion to the post of EE on ad hoc basis duly verifying their eligibility within a period of six weeks from the date of receipt of copy of this order. There shall be no order as to costs.

(Tarun Shridhar)           (Justice L. Narasimha Reddy)
 Member (A)                              Chairman


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