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Central Administrative Tribunal - Delhi

Forum Of Mcd Engineers vs Municipal Corporation Of Delhi, Govt. ... on 22 August, 2017

               Central Administrative Tribunal
                       Principal Bench

                      OA No. 1543/2017

         New Delhi, this the 22nd day of August, 2017

        Hon'ble Mr. Justice Permod Kohli, Chairman
        Hon'ble Mr. K. N. Shrivastava, Member (A)

1.   Forum of MCD Engineers
     Through Its Gen. Secy. Sh. A.P. Khan
     Regd. office:- 8/53, Moti Nagar,
     New Delhi-110015

2.   Satyavir Singh,
     S/o Sh. Sukhan Singh
     Aged:- 58
     R/o 64, Ashoka Enclave-III, Faridabad
     (Haryana)
     Serving as AE (Civil) in the
     Office of EE (Pr.)/City Zone,
     North Delhi Municipal Corporation

3.   Arun Kumar Jain
     S/o Late Sh. Mahavir Prasad Jain
     Aged:- 53
     R/o Pocket-A, Flat No. 59B,
     Phase-II, Ashok Vihar, Delhi-110052
     Serving as AE(Civil) with CE-I
     North Delhi Municipal Corporation

4.   Sunil Dawar
     S/o Sh. O.P. Dawar
     Aged:- 51
     C-31 Shakti Nagr Extension, Delhi-52
     Serving as AE (Civil) in C&D Plant
     North Delhi Municipal Corporation

5.   Shahid Mahmood
     S/o SH. Syed Usman
     Aged:- 56
     R/o 148-D, Pocket J&K, Dilshad Garden,
     Delhi
     Serving as AE (Civil) with CE central Zone
     South Delhi Municipal Corporation
                                   2
                                                      OA No. 1543/2017




6.    Ashok Kumar
      S/o Sh. Khajan Singh
      Aged:- 56
      R/o RZ-D-40, Dabri Extension East,
      New Delhi-45
      Serving as AE(Civil) in the
      office of EE(P&M), DEMS,
       North Delhi Municipal Corporation

7.    Sikandar Hayat
      S/o Late Sh. Latif Ahmad
      Aged:- 58
      R/o D-18/11, Okhla Vihar, Jamia Nagar,
      New Delhi-25
      Serving as AECivil) in the office of SE(Plg.)
      North Delhi Municipal Corporation

8.    Suraj Prakash Sagta
      S/o Late Sh. I.D. Sagta
      Aged:- 50
      R/o 31, Lotus Enclave, Parwana Road,
      Pitampura Delhi-34
      Serving as AE(Civil) in the office of
      EE(Pr.)/KBZ
      North Delhi Municipal Corporation

9.    Vijay Kumar Agarwal
      S/o Late Sh. R.B. Gupta
      Aged:- 57
      R/o A-303, Ground Floor, Meera Bagh,
      New Delhi-87
      Serving as AE(Civil) in the office of EE
      (Bldg.)/HQ
      South Delhi Municipal Corporation

10.   Sanjeev Dara
      S/o Sh. Upender Kumar
      Aged:- 52
      R/o D-145, 1st Floor, Mansarover Garden,
      New Delhi-15
      Serving as AE(Civil) in the office of EE
      (Bldg.)/HQ
      North Delhi Municipal Corporation
                                   3
                                                       OA No. 1543/2017




11.   Shyam Sunder
      Sh. Chander Prakash
      Aged:- 59
      R/o D-27, Nigam Colony, Azad Pur Delhi-33
      Serving as AE (Civil) with CE Narela Zone
      North Delhi Municipal Corporation

12.   Ajay Kumar Jain
      Late Sh. Devender Kumar Jain
      Aged:- 50
      R/o H.No. 148/20, Indira Colony, Atlas Road,
      Sonipat-131001, (Haryana)
      Serving as AECivil) in the office of SE(Plg.)
      North Delhi Municipal Corporation

13.   Ramesh Chandra
      S/o Sh. Damder Singh
      Aged:- 52
      R/o B-455, MIG Flats, East of Loni Road,
      Delhi-93
      Serving as AE(Civil) with CE-II
      North Delhi Municipal Corporation

14.   Rajeev Sharma
      S/o Sh. O.P. Sharma
      Aged:- 53
      R/o H.No. 169/A-2, 2nd Floor, Paschim Vihar,
      New Delhi-63
      Serving as AE (C) in the office EE (Bldg.)/ HQ
      North Delhi Municipal Corporation

15.   R.P. Sharma
      S/o Late Sh. L.D. Sharma
      Aged:- 52
      R/o H-502, Prince Apartments, I.P. Extn.,
      New Delhi-92
      AE (Civil) in the office of EE (Bldg.)/HQ
      South Delhi Municipal Corporation

16.   Aditya Nashier
      S/o Sh. J. R. Nashier
      Aged:- 52
      R/o 44, Suvidha Kunj, Pitam Pura,
      Delhi-110034
      Serving as AECivil) in the office of SE(Plg.)
      North Delhi Municipal Corporation
                                   4
                                                         OA No. 1543/2017




17.   Sunil Jain
      Sh. Pawan Kumar Jain
      Aged:- 49
      R/o QP-67, Maurya Enclave, Pitampura,
      Delhi-110034
      Serving as AE(Civil) in the office of
      EE(Pr.)/SP Zone
      North Delhi Municipal Corporation

18.   Shafeeq Ahmad
      S/o Late Sh. Mohd. Hanif
      Aged:- 53
      R/o H.No. 1008 A- Gali No. 20,
      Subhash Mohalla North, Ghonda, Delhi-53
      Serving as AE(Civil) in the office of EE(M)/
      SP Zone
      North Delhi Municipal Corporation

19.   Shyam Lal Saini
      S/o Late Sh. M.R. Saini
      Aged:- 55
      R/o B-194, SFS Flats, Sheikh Sarai Phase-I,
      New Delhi-110017
      Serving as AE(Civil) in the office of EE(Bldg.)-
      I/Central Zone
      South Delhi Municipal Corporation

20.   Adish Kumar Jain
      S/o Late Sh. F.M. Jain
      Aged:- 53
      R/o Flat No. 421, Plot No. 28,
      Veer Apartments, Sector-13, Rohini,
      Delhi-110085
      Serving as AE(Civil) in the office of
      EE(Bldg.)/SP Zone
      North Delhi Municipal Corporation

21.   Naresh Sharma
      S/o Sh. R.K Sharma
      Aged:- 53
      R/o 245, Rajdhani Enclave, Pitam Pura,
      Delhi-34
      Serving as AE(Civil) in the office of SE(Plg.)
      South Delhi Municipal Corporation
                                   5
                                                        OA No. 1543/2017




22.   Pradeep Kumar Rastogi
      S/o Late Sh. S.P. Rastogi
      Aged:- 52
      R/o C-6/85, DDA Flat, East of Kailash,
      New Delhi-65
      Serving as AE(Civil) in the office of SE(QC)
      South Delhi Municipal Corporation

23.   Rajesh Tewatia
      S/o Late Sh. Kishan Singh Tewatia
      Aged:-50
      R/o D-267, Ashok Vihar, Phase-I,
      Delhi-110052
      Serving as AE(Civil) in the office EE(Bldg.)-I/
      Central Zone
      South Delhi Municipal Corporation

24.   Abdul Majid
      S/o Abdul Wahid
      Aged:- 51
      R/o C-5, Noor Nagar Extn. Johri Farm,
      Jamia Nagar, New Delhi-110025
      Serving as AE(Civil) in the office EE(Bldg.)-I/
      Central Zone
      South Delhi Municipal Corporation

25.   Mithlesh Kumari
      W/o Sh. Anirudh Sharma
      Aged:- 43
      R/o C-154, Golf View Apartment, Saket,
      New Delhi-110017
      Serving as AE(Civil) in the office of SE(Lab.)
      South Delhi Municipal Corporation

26.   Ravinder Bansal
      S/o Sh. Roshan Lal Bansal
      Aged:- 42
      R/o D-12/147, Sector-8, Rohini,
      New Delhi-110085
      Serving as AE(Civil) in the office of SE(Plg.)
      North Delhi Municipal Corporation

27.   Rajesh Gupta
      S/o Sh. T.C. Gupta
      Aged:- 52
                                   6
                                                        OA No. 1543/2017




      R/o A-108, Ashok Vihar Phase-I,
      Delhi-110052
      Serving as AE(Civil) in the office of SE(Plg.)
      North Delhi Municipal Corporation

28.   Rajesh Kumar Garg
      S/o Late Sham Lal Garg
      Aged:- 50
      R/o H.No.62, Deepali, Pitampura,
      New Delhi-110034
      Serving as AE(Civil) in the office of SE(Plg.)
      North Delhi Municipal Corporation

29.   Rajiv Khurana
      S/o Sh. T.R. Khurana
      Aged:- 55
      R/o A-402, Vasundhra Apartment,
      Plot No. 16, Sec-6 Dwarka,
      New Delhi-110075
      Serving as AE(Civil) with E-in-C office
      South Delhi Municipal Corporation

30.   Krishan Kumar Gupta
      S/o Late Sh. R. R. Gupta
      Aged:- 57
      R/o Plot No. 6, site No.7,
      New Rajender Nagar, New Delhi-110060
      Serving as AE(Civil) in the office of EE(Bldg.)
      City Zone
      North Delhi Municipal Corporation

31.   Tej Pal Puri
      S/o Late Sh. K.D. Puri
      Aged:- 52
      R/o B-2, 2nd Floor, Amarpali Sector-1,
      Rohini, Delhi-110085
      Serving as AE(Civil) in the office of SE(Plg.)
      South Delhi Municipal Corporation

32.   Ashok Kumar Gupta
      S/o Late Sh. B.N. Gupta
      Aged:- 52
      R/o 42, Ashoka Appartment, A -2, Block,
      Paschim Vihar, Delhi
      Serving as AE(Civil) in the office of SE(Plg.)
      South Delhi Municipal Corporation
                                  7
                                                        OA No. 1543/2017




33.   Anurag Saxena
      S/o Late Sh. S.N.Saxena
      Aged:- 53
      R/o H.No. 9536, C-9, Vasant kunj,
      New Delhi-110070
      Serving as AE(Civil) in the office of EE(M)-I/
      Central Zone
      South Delhi Municipal Corporation

34.   Devendra Kishore
      S/o Sh. Uma Nand
      Aged:- 52
      R/o 80-H, Pkt-4, Mayur Vihar Phase-1,
      Delhi-110092
      Serving as AE(Civil)/Central Store
      East Delhi Municipal Corporation

35.   Amar Singh Bizaraniyan
      S/o Sh. Hanuman Singh
      Aged:- 52
      R/o 49, Data Ram apartment, Sec-18,
      Rohini, Delhi-89
      Serving as AE(Civil) in the office of EE(M)-II/
      Narela Zone
      North Delhi Municipal Corporation

36.   Devender Singh
      S/o Sh. Mukhtyar Singh
      Aged:- 55
      R/o Village & P.O. Nangal kalan, Sonipat
      Haryana
      Serving as AE(Civil) in the office of EE(M)-I/
      Narela Zone
      North Delhi Municipal Corporation

37.   Vinod Kumar Verma
      S/o Sh. Shri Krishan
      Aged:- 53
      R/o 99, Vidya Vihar society, West Enclave,
      Pitam Pura, Delhi-110034
      Serving as AE(Civil) in the office of EE(M)-I/
      Narela Zone
      North Delhi Municipal Corporation


38.   Ananad Prakash
                                   8
                                                         OA No. 1543/2017




      S/o Sh. Mange Ram
      Aged:- 53
      R/o H.No. 370, Village & PO Nangal Thakran,
      Delh-39
      Serving as AE(Civil) in Central Store
      South Delhi Municipal Corporation


39.   Mohd. Ahmed
      S/o Late Sh. Ashfaq Ahmed
      Aged:- 54
      R/o K/22C, Sheikh Sarai, Ph-II, New Delhi-17
      Serving as AE(Civil) in the office of EE(Bldg.)/
      Najafgarh Zone
      South Delhi Municipal Corporation

40.   Farrukh Mustafa siddiqi
      S/o Mohd. Mustafa Siddiqi
      Aged:- 54
      R/o G-26, Hazrat Nozamuddin west,
      New Delhi-110013
      Serving as AE(Civil) in the office of EE(M)-I/
      Central Zone
      South Delhi Municipal Corporation

41.   Sandeep Kumar Sharma
      S/o Late Sh. Om Prakash Sharma
      Aged:- 52
      R/o 60, Vidya Vihar, west Enclave,
      Pitam Pura,
      Delhi-110034
      Serving as AE(Civil) in the office EE(Pr.)-III/
      Rohini Zone
      North Delhi Municipal Corporation

42.   Mahipal
      S/o Late Sh. Om Parkash
      Aged:- 54
      R/o J-24, sriniwas Puri, New Delhi-110065
      Serving as AE(Civil) in the office of
      EE(DEMS)/Central Zone
      South Delhi Municipal Corporation


43.   Chatar Singh Mangla
      S/o Late Sh. Johari Lal
                                  9
                                                         OA No. 1543/2017




      Aged:- 53
      R/o H.No. 157, Sekh Pura Mohalla,
      Near Old CIA Office,
      Palwal, Haryana
      Serving as AE(Civil) in the office of EE(M)-I/
      Central Zone
      South Delhi Municipal Corporation

44.   Hukam Singh
      S/o Sh. Kalu Ram
      Aged:- 57
      R/o Village & P.O.Barula, Sector-49, Noida
      Serving as AE(Civil) in the office EE(Bldg.)-II/
      Central Zone
      South Delhi Municipal Corporation


45.   Pradeep Kumar
      S/o Late Om Prakash Mishra
      Aged:- 53
      R/o B-211, DDA MIG Flats, East of Loni Road,
      Delhi-110093
      Serving as AE(Civil) in Vigilance Depatt.
      East Delhi Municipal Corporation


46.   Farogh Anjum
      S/o Sh. Anwar-ul-Hasan
      Aged:- 53
      R/o 53A, Pkt-M, Sarita Vihar,
      New Delhi-110076
      Serving as AE(Civil) in the office of SE(Lab.)
      South Delhi Municipal Corporation

47.   Prem Chand
      S/o Late Dhara Singh
      Aged:- 56
      R/o 5/132, Nehru road, Baraut,
      District Baghpat, UP-250611
      Serving as AE(Civil) in the office of EE(M)-II/
      Shah. North Zone,
      South Delhi Municipal Corporation

48.   Sushil Kumar
      S/o Late Bashesar Dass Jain
      Aged:- 50
                                  10
                                                         OA No. 1543/2017




      R/o BL-90, Ist Floor, Shalimar Bagh,
      New Delhi-110088
      Serving as AE(Civil) in the office EE (Bldg.)-I/
      Central Zone
      South Delhi Municipal Corporation

49.   Rakesh Kant Lavania
      S/o Late S.K. Lavania
      Aged:- 57
      R/o A-108, Rachna Vaishali Sector-3,
      Ghaziabad, UP-201010
      Serving as AE(Civil) in the office EE (Bldg.)-I/
      Central Zone
      South Delhi Municipal Corporation


50.   Vimal Kumar Bhandari
      S/o Late P.C. Bhandari
      Aged:- 53
      R/o F-3/41, Sector-11, Rohini,
      New Delhi-110085
      Serving as AE(Civil) ) in the office EE (M)-I/
      Narela Zone
      North Delhi Municipal Corporation

51.   Naresh Kumar Dhingra
      S/o Sh. P.L. Dhingra
      Aged:- 51
      R/o 127, Sainik Vihar, Pitampura,
      New Delhi-110034
      Serving as AE(Civil) in the office of EE (M)-I/
      West Zone
      South Delhi Municipal Corporation

52.   Zubair Ahmad Khan
      S/o Late K.U. Khan
      Aged:- 53
      R/o 225, Gali No. 8, Gaffar Manzil,
      Jamia Nagar, New Delhi-110025
      Serving as AE(Civil) in the office of EE (M)-I/
      Civil Line Zone
      North Delhi Municipal Corporation


53.   Mohd. Hasib Khan
      S/o Late Mohd. Habib Khan
                                  11
                                                        OA No. 1543/2017




      Aged:- 53
      R/o 153/12, Gaffar Manzil, Jamia Nagar,
      New Delhi-110025
      Serving as AE(Civil) in the office of EE (M)-I/
      Civil Line Zone
      North Delhi Municipal Corporation


54.   Syed Afzal Ali
      S/o Late Mukhtar Ahmad
      Aged:- 57
      R/o C-61, Radhey Shyam Extension,
      Parwana Road,
      Khajuri Delhi
      Serving as AE(Civil) in the office EE (M)-IV/
      Rohini Zone
      North Delhi Municipal Corporation

55.   Y.P. Singh
      S/o Sh. Ram Singh
      Aged:- 52
      R/o A-2/162, Sector-3, Rohini, Delhi
      Serving as AE(Civil) in the office EE (M)-IV/
      Rohini Zone
      North Delhi Municipal Corporation

56.   Sunil Kumar Gupta
      S/o Sh. Prakash Chandra Gupta
      Aged:- 52
      R/o C-490, Saraswati Vihar, Delhi-110034
      Serving as AE(Civil) in the office EE (M)-IV/
      Rohini Zone
      North Delhi Municipal Corporation

57.   Rajender Singh
      S/o Sh. Daya Ram
      Aged:- 51
      R/o H.No. 575, IInd Greater Noida,
      Gautam Budh Nagar, UP
      Serving as AE(Civil) in the office EE (M)-IV/
      Central Zone
      South Delhi Municipal Corporation


58.   Ishaat Ullah Khan
      S/o Late Fayyaz Ullah Khan
                                  12
                                                        OA No. 1543/2017




      Aged:- 53
      R/o 162, GF, Pkt-2, Jasola,
      New Delhi-110025
      Serving as AE(Civil) in the office EE (M)-IV/
      Central Zone
      South Delhi Municipal Corporation


59.   Virender Singh Chauhan
      S/o Sh. Dilawar Singh
      Aged:- 49
      R/o 9B, pkt-B, Mayur Vihar Ph-II,
      Delhi-110091
      Serving as AE(Civil) in the office of SE (Lab.)
      North Delhi Municipal Corporation


60.   Rajesh Kumar Gupta
      S/o Sh. Ramdhari Gupta
      Aged:- 51
      R/o D-111, MCD Colony, Azadpur,
      Delhi-110033
      Serving as AE(Civil) in the office of SE (Lab.)
      North Delhi Municipal Corporation

61.   Ranjiv Jain
      S/o Late Jagdish Lal Jain
      Aged:- 52
      R/o Flat No. 30, Plot No. 2,
      Unique Apartment, Sector-13, Rohini,
      Delhi-110085
      Serving as AE(Civil) in the office of SE (Lab.)
      South Delhi Municipal Corporation

62.   Mrs. Shashi
      W/o Sutikshan Kumar
      Aged:- 51
      R/o E-27, MCD Flats, Kamla Nagar,
      Delhi-110007
      Serving as AE(Civil) in the office of SE (Lab.)
      North Delhi Municipal Corporation


63.   Dinesh Kalra
      S/o Late C.L. Kalra
      Aged:- 50
                                  13
                                                        OA No. 1543/2017




      R/o C-7/107, Yamuna Vihar, Delhi-110059
      Serving as AE(Civil) in the office of SE (Lab.)
      South Delhi Municipal Corporation


64.   Krishan Pal Yadav
      Late Shyam Singh Yadav
      Aged:- 58
      R/o Flat No. 105, Data Ram Society,
      Sector-18, Rohini, Delhi-110089
      Serving as AE(Civil) in the office of SE (Lab.)
      North Delhi Municipal Corporation


65.   Dev Priya Bhardwaj
      S/o Sh. B.N. Bhardwaj
      Aged:- 51
      R/o IX/5020, East Old Seelampur,
      Delhi-110031
      Serving as AE(Civil) in the office of SE (Lab.)
      South Delhi Municipal Corporation


66.   Mukesh Sharma
      S/o Late B.B. Sharma
      Aged:- 52
      R/o 69, Dharma Kunj Apartment, Sector-9,
      Rohini, New Delhi
      Serving as AE(Civil) in the office EE(Pr.)-II/
      West Zone
      South Delhi Municipal Corporation

67.   Nutan Kumar Gupta
      S/o Late B.K. Gupta
      Aged:- 55
      R/o 6, Hans Vihar, Sector-13, Rohini,
      Delhi-110085
      Serving as AE(Civil) in the office of EE(M)-II/
      Civil Line Zone
      North Delhi Municipal Corporation


68.   Ashok Kumar
      S/o Sh Rameshwar Das
      Aged:- 54
      R/o H.No.18, Gaurav Nagar, Kirari Suleman,
                                  14
                                                        OA No. 1543/2017




      Delhi-110086
      Serving as AE(Auto) in the office of EE(Auto)
      North Delhi Municipal Corporation


69.   Pramod Vashisht
      S/o Late Bhim Singh Vashisth
      Aged:- 52
      R/o F-124, Prashant Vihar, Rohini,
      Delhi-110085
      Serving as AE(Civil) in the office of
      SE(Bldg.)/HQ
      North Delhi Municipal Corporation


70.   Aslam Parvez Khan
      S/o Sh. F.R. Khan
      Aged:- 57
      R/o 65/41, Punjabi Bagh West,
      New Delhi-110026
      Serving as AE(Civil) in the office of EE(M)-I/
      Rohini Zone
      North Delhi Municipal Corporation

71.   Sunil Kumar Malhotra
      S/o Late Veer Bhan Malhotra
      Aged:- 54
      R/o F-55, Prashant Vihar, Delhi-110085
      Serving as AE(Civil) in the office of SE-II/
      Rohini Zone
      North Delhi Municipal Corporation

72.   Sushil Kumar Chauhan
      S/o Sh. Dhir Singh Chauhan
      Aged:- 53
      R/o AM-19, Shalimar Bagh,
      New Delhi-110088
      Serving as AE(Civil) in the office EE(Bldg.-I)/
      Rohini Zone
      North Delhi Municipal Corporation


73.   Sharad Kumar Gupta
      S/o Late M.L. Gupta
      Aged:- 53
      R/o DU-161, Pitampura, New Delhi-110034
                                  15
                                                         OA No. 1543/2017




      Serving as AE(Civil) in the office EE(Bldg.)-II,
      Rohini Zone
      North Delhi Municipal Corporation


74.   Pradeep Kumar Sharma
      S/o Late Suraj Bhan Sharma
      Aged:- 52
      R/o E-61, New Saraswati, Sector-9, Rohini,
      Delhi-110085
      Serving as AE(Civil) in the office EE(Bldg.)-II/
      Civil Line Zone
      North Delhi Municipal Corporation

75.   Anil Kumar Aggarwal
      S/o Late Mange Ram
      Aged:- 50
      R/o 7A, Ayodhya Enclave, Sector-13, Rohini
      Serving as AE (C) in the office EE (Bldg.)-II/
      Civil Line Zone
      North Delhi Municipal Corporation

76.   Feroze Muzaffar
      S/o Dr. Muzaffar Hanfi
      Aged:- 54
      R/o 358 Batla House, Jamia Nagar,
      New Delhi-110025
      Serving as AE(Civil) in the office EE(DEMS)-/
      Najafgarg Zone
      South Delhi Municipal Corporation

77.   Dhirender Singh Chahal
      S/o Late Dharam Singh
      Aged:- 52
      R/o 232- Pkt-IV, Sector-24, Rohini,
      New Delhi-110085
      Serving as AE(Civil) in the office EE(Bldg.)-I/
      Civil Line Zone
      North Delhi Municipal Corporation

78.   Rishab Kumar Jain
      S/o Late Rajinder Kumar Jain
      Aged:- 54
      R/o 24, Bahubali Enclave, New Delhi-110092
      Serving as AE(Civil) in the office EE(Bldg)-II/
      Civil Line Zone
                                  16
                                                        OA No. 1543/2017




      North Delhi Municipal Corporation


79.   Sunil Kumar Taneja
      S/o Late Manohar Lal Taneja
      Aged:- 54
      R/o I-114, 3rd Floor, Ashok Vihar, Ph-I,
      Delhi-110052
      Serving as AE(Civil) in the office of EE(Pr.)
      Civil Line Zone
      North Delhi Municipal Corporation


80.   Shishan Pal Garg
      S/o Late N.R. Garg
      Aged:- 53
      R/o GD-105, Ist Floor, Pitampura,
      Delhi-110088
      Serving as AE(Civil) in the office EE(Bldg.)-I/
      West Zone
      South Delhi Municipal Corporation


81.   Sunil Mohan Gupta
      Sh. R.D. Gupta
      Aged:- 54
      R/o 27/4, Onkar Nagar, Tri Nagar,
      Delhi-110035
      Serving as AE(Civil) in the office EE(Bldg.)/
      Karol Bagh Zone
      North Delhi Municipal Corporation

82.   Kaptaan Singh
      S/o Late Sh. Rati Ram
      Aged:- 55
      R/o A-1/311, IInd Floor Janakpuri,
      Delhi-110058
      Serving as AE(Civil) in the office of EE(M)-I/
      Rohini Zone
      North Delhi Municipal Corporation

83.   Jagdish S Dayani
      S/o Late Satram Dass Dayani
      Aged:- 55
      R/o A-38, Lajtap Nagar-I, New Delhi
      Serving as AE(Civil) in the office of Supreme
                                  17
                                                         OA No. 1543/2017




      Court Monitoring Committee
      South Delhi Municipal Corporation

84.   Abhay Kumar Jain
      S/o Late Surender Kumar Jain
      Aged:- 53
      R/o B-25, Ist Floor, Ram Puri,
      Near Alakh Nanda Apartment, Ghaziabad, UP
      Serving as AE(Civil) in the office of EE(M)-IV/
      Civil Line Zone
      North Delhi Municipal Corporation


85.   Kulbir Singh
      S/o Sh. Nafe Singh
      Aged:- 50
      R/o Jahaz Appartment,
      Back Side Inder Enclave, Pachim Vihar,
      New Delhi
      Serving as AE(Civil) in the office of SE(Lab.)
      North Delhi Municipal Corporation

86.   Naresh Kumar Garg
      S/o Sh. Gurdial Singh
      Aged:- 52
      R/o Madhav Kunj, B-7/83/1, DDA Flats,
      Ground Floor,
      Safdarjung Enclave, New Delhi-110029
      Serving as AE(Civil) in the office of EE(M)-III/
      South Zone
      South Delhi Municipal Corporation

87.   Mahesh Kumar Gulati
      S/o Sh. Hari Chand Gulati
      Aged:- 56
      R/o KP-348, Pitam Pura, Delhi-110034
      Serving as AE(Civil) with CE-III
      North Delhi Municipal Corporation


88.   Rajender Singh Vashisht
      S/o Sh. Daleep Singh
      Aged:- 54
      R/o A-2/155, Sector-3, Rohini, Delhi-110088
      Serving as AE(Civil) in the office of EE(M)-I/
      West Zone
                                 18
                                                       OA No. 1543/2017




      South Delhi Municipal Corporation


89.   Dinesh Kumar Gupta
      S/o Late Sh. D.P.Gupta
      Aged:- 58
      R/o V-540, Gali No. 16, Vijay Park, Maujpur,
      Delhi-110053
      Serving as JE(Civil) in the office of
      SE(DEMS)/HQ
      North Delhi Municipal Corporation


90.   Daya Nand Dahiya
      S/o Late Sh. Chandan Singh
      Aged:- 57
      R/o 60, Maheswari Apprtment, sector-14,
      Rohini, Delhi-85
      Serving as AE(Civil) in the office of
      EE(Bldg.)/West Zone
      South Delhi Municipal Corporation


91.   Surander Singh
      S/o Sh. Hukam Chand
      Aged:- 50
      R/o A-1/311, Ground Floor Janakpuri, Delhi
      Serving as AE(Civil) in the office of EE(M)-I/
      Rohini Zone
      North Delhi Municipal Corporation

92.   Narinder Singh Grover
      S/o Sh. Sant Ram Singh Grover
      Aged:- 51
      R/o C-2, New Gobind Pura, Gali No. 9,
      Kailash Mandir Gali, Delhi -51
      Serving as AE(Civil) in the office of EE(M)-I/
      Shahdara(North)
      East Delhi Municipal Corporation


93.   Sahanser Pal Singh
      S/o Sh. Randhir Singh
      Aged:- 58
      R/o H.No. 20, Pkt E-4, sector-11, Rohini,
      Delhi-110085
                                  19
                                                         OA No. 1543/2017




      Serving as AE(Civil) in the office of EE(M)-IV/
      Civil Line Zone
      North Delhi Municipal Corporation


94.   Anand Parkash,
      S/o Sh. Baleshwar,
      Aged:- 56
      R/o B-1480, Shashtri Nagar, New Delhi
      Serving as AE(Civil) in the office of EE(M)-I/
      West Zone
      South Delhi Municipal Corporation


95.   Vinod Kumar Gupta
      S/o Sh. Hukam Chand
      Aged:- 53
      R/o WT-195B, Pitam Pura, New Delhi-110034
      Serving as AE(Civil) in the office EE(Bldg.)-II/
      Rohini Zone
      North Delhi Municipal Corporation


96.   Parmod kumar
      S/o Sh. Sobran Singh
      Aged:- 54
      R/o 120A, Pockey-B, Dishad Graden,
      Delhi-110095
      Serving as AE(Civil) in the office of EE(Pr.)-I/
      Shahdara (North)
      East Delhi Municipal Corporation

97.   Zavvar Kazim
      S/o Sh. Iftikar Hussain
      Aged:- 52
      R/o 150D, Pkt J&K, Dishad Garden,
      Delhi-110095
      Serving as AE(Civil) in the office of EE(Pr.)-I/
      Shahdara (North)
      East Delhi Municipal Corporation


98.   Atulendra Kr. Mittal
      S/o Sh. Jagdish Parshad Mittal
      Aged:- 57
      R/o 9A, Pkt. B, Dishad Graden, Delhi
                                  20
                                                         OA No. 1543/2017




      Serving as AE(Civil) in the office of EE(M)-I/
      South Zone
      South Delhi Municipal Corporation


99.   Vikas Gupta
      S/o Sh. D.P.Gupta
      Aged:- 53
      R/o A-1/1, Krishana Nagar, delhi-110051
      Serving as AE(Civil) in the office of EE(M)-II/
      South Zone
      South Delhi Municipal Corporation


100   Baljeet Singh
      S/o Sh. Bodal Ram
      Aged:- 54
      R/o B-190, Sec-26, NOIDA,
      Distt. Goutam Budh Nagar, UP
      Serving as AE(Civil) in the office of EE(M)-II/
      South Zone
      South Delhi Municipal Corporation


101   Ashok Kumar Kanodiya
      S/o Sh. Ram Sharan
      Aged:- 52
      R/o B-643, DDA Flat, Loni Road, Delhi
      Serving as AE(Civil) in the office of EE(Pr.)-I/
      Shahdara (South)
      East Delhi Municipal Corporation

102. Bijender Kumar Garg
     S/o Sh. Giani Ram Garg
     Aged:- 57
     R/o A-1/57, 1st Floor, sector-8, Rohini,
     Delhi-110085
     Serving as AE(Civil) in the office of EE(M)-IV/
     Civil Line Zone
     North Delhi Municipal Corporation


103. Pardeep Kumar Chauhan
     S/o Sh. Bhawar Singh
     Aged:- 52
     R/o B-76, Shakti apprtment, sec-9, Rohini
                                  21
                                                        OA No. 1543/2017




     Serving as AE(Civil) in the office EE(Pr.)-II/
     Rohini Zone
     North Delhi Municipal Corporation


104. Ramesh Chander Mittal
     S/o Sh. Om Prakash Mittal
     Aged:- 53
     R/o 2A/102, Rang Rasayan Apartment,
     Sec-13, Rohini, Delhi-85
     Serving as AE(Civil) in the office of EE(Pr.)-I/
     Rohini Zone
     North Delhi Municipal Corporation

105. M. A. Siddiqui
     S/o Late Sh. Moin-Uddin
     Aged:- 54
     R/o 1448, Chatta Nawab Sahib,
     Farash Khana, Delhi-110006
     Serving as AE(Civil) in the office of
     EE(Pr.)/City Zone
     North Delhi Municipal Corporation

106. Indramani Ram
     S/o Sh. Bunel Ram
     Aged:- 52
     R/o 90-D, Block C, Pkt C, Shalimar Bagh,
     Delhi-110088
     Serving as AE(Civil) in the office of EE
     (Central Store)
     North Delhi Municipal Corporation

107. Pardeep Kumar Pandey
     S/o Sh. R.P.Pandey
     Aged:- 53
     R/o B-39, Sec-12, Noida, U.P
     Serving as AE(Civil) in the office of EE(Pr.)-I/
     Shahdara (North)
     East Delhi Municipal Corporation


108. Ankur Tyagi
     S/o Sh. Amar Singh Tyagi
     Aged:- 52
     R/o B-206, Satya Shanti Appartment,
     Plot No. 23, Sec-13, Rohini, Delhi -85
                                  22
                                                       OA No. 1543/2017




     Serving as JE(Civil) in the office of EE(M)/
     SP Zone
     North Delhi Municipal Corporation


109. Saleem Ahmad Khan
     S/o Sh. Saghir Ahmad Khan
     Aged: - 57
     Serving as AE(Civil) in the office EE(Pr.)-II/
     Central Zone
     South Delhi Municipal Corporation


110. Rakesh Ahuja
     S/o Sh. A.N. Ahuja
     Aged:- 52
     R/o 909, Vikas Kunj, Vikash Puri, New Delhi
     Serving as AE(Civil) in the office of EE(M)-I/
     West Zone
     South Delhi Municipal Corporation


111. Umed Singh
     S/o Late Sh. Prithi Singh
     Aged:- 55
     R/o H.No. 22, Shri Nagar Extention,
     Delhi-110052
     Serving as AE(Civil) in the office EE(DEMS)/
     Najafgarh Zone
     South Delhi Municipal Corporation

112. Agnivesh Sharma
     S/o Sh. B.L. Shastri
     Aged:- 51
     R/o Flat No. 335, Lake View Apartment,
     Sector-9, Rohini, Delhi-110083
     Serving as AE(Civil) in the office EE(Bldg.)-I/
     Civil Line Zone
     North Delhi Municipal Corporation


113. S.M. R. Zaidi
     S/o Sh. S.M. Zaidi
     Aged:- 50
     R/o 4/204, East End apprtment, Mayur Vihar,
     Phase-I
                                 23
                                                        OA No. 1543/2017




     Extn., Delhi-11023
     Serving as AE(Civil) in the office of EE(M)-II/
     City Zone
     South Delhi Municipal Corporation

114. S.K. Sharma
     S/o Sh. K.S. Sharma
     Aged:- 53
     R/o B-3/82, SF, Paschim Vihar, New Delhi
     Serving as AE(Civil) with Supreme Court
     Monitoring Committee
     South Delhi Municipal Corporation


115. Dhirendra Dogra
     S/o Sh. Viswamitra Dogra
     Aged:- 57
     R/o M-539,Guru Harkishan Marg,
     Paschim Vihar, New Delhi-110087
     Serving as AE(Civil) in the office of EE(M)-III/
     West Zone
     South Delhi Municipal Corporation

116. Ravi Kumar Saxena
     S/o Late Sh. R.C. Saxena
     Aged:- 54
     R/o C-52, M.P.Enclave, Pitam Pura,
     New Delhi-110034
     Serving as AE(Civil) in the office of
     EE(Bldg.)/Karol Bagh Zone
     North Delhi Municipal Corporation

117. Rajbir Singh
     S/o Sh. Chatter Singh
     Aged:- 50
     R/o BL-111, FF, L-Block Hari Nagar,
     New Delhi-110064
     Serving as AE(Civil) in the office of EE(M)-I/
     West Zone
     South Delhi Municipal Corporation

118. Ajay Kumar Sharma
     S/o Sh. J.P. Sharma
     Aged:- 51
     R/o 9/80, Sector-3, Rajinder Nagar,
     Sahibabad, UP
                                 24
                                                       OA No. 1543/2017




     Serving as AE(Civil) in the office EE(M)-IV/
     Central Zone
     South Delhi Municipal Corporation


119. Akil Hussain
     S/o Sh. Munaf Khan
     Aged:- 56
     R/o F-13/36, FF, Jogabai Extension,
     Jamia Nagar, New Delhi-110025
     Serving as AE(Civil) in the office of EE(M)-II/
     Central Zone
     South Delhi Municipal Corporation

120. Birpal Singh
     S/o Sh. Harchandi
     Aged:- 53
     R/o H.No. 145, Sector-10, Faridabad,
     Haryana
     Serving as AE(Civil) in the office of EE(M)-I/
     SP Zone
     North Delhi Municipal Corporation

121. Shiv Kumar Goyal
     S/o Sh. Ved Prakash Goyal
     Aged:- 57
     R/o H.No. KC/44-C, Ashok Vihar,
     New Delhi-52
     Serving as AE(Civil) in the office of
     EE(Bldg.)/Narela Zone
     North Delhi Municipal Corporation

122. Anuj Tayal
     S/o Sh. M.C. Tayal
     Aged:- 53
     R/o H.No. 1/16, Shalimar Park, Shahdara,
     Delhi-32
     Serving as AE(Civil) in the office EE
     (SLF/DEMS)
     North Delhi Municipal Corporation


123. R.P. Gupta
     S/o Sh. Chaitu Prasad Sah
     Aged:- 53
     R/o H.No. A-141, Dilshad Colony, Delhi-95
                                   25
                                                       OA No. 1543/2017




      Serving as AE (Civil) in the office of
      EE(Pr.)/Karol Bagh Zone
      North Delhi Municipal Corporation


124. Ashwani Kumar
     S/o Sh. M.S. Tyagi
     Aged:- 53
     R/o H.No. Flat No. 43 Popular Apptt.
     Sector-13 Rohini, Delhi-85
     Serving as JE(Civil) in the office of EE (M)-II
     Civil Line Zone
     North Delhi Municipal Corporation


125. Parveen Kumar Jain
     S/o Sh. Ishwar Dass Jain
     Aged:- 44
     R/o H.No. 291, FF, Deepali Pitampura,
     Delhi-34
     Serving as AE(Civil) in the office of SE(Plg.)
     South Delhi Municipal Corporation


126. Parmod Kumar Singhal
     S/o Late Sh. Shri Ram Singhal
     Aged:- 52
     R/o A-3/44, Sector-3 Rohini Delhi-85
     Serving as AE(Civil) in the office of
     SE(Narela)
     North Delhi Municipal Corporation

127. Avedhesh Kumar Sharma
     S/o Late Sh. Hari Shanker Sharma
     Aged:- 53
     R/o 148, Chander Lok, Pitampura Delhi-34
     Serving as AE(Civil) in the office of EE(Pr.)
     Narela Zone
     North Delhi Municipal Corporation

128. Ravinder Kumar
     S/o Late Sh. Ramji Lal
     Aged:- 51
     R/o 82,83 CPO Block, Madangir New Delhi 62
     Serving as AE(Civil) in the office of EE(M)-IV/
     Central Zone
                                 26
                                                       OA No. 1543/2017




     South Delhi Municipal Corporation

129. Mohd. Anjum
     S/o Late Mr. Mohd. Mateen
     Aged:- 56
     R/o H.No. 22 Gali No. 1 Johri Farm,
     Jamia Nagar, New Delhi-25
     Serving as AE(Civil) in the office EE(Bldg.)-I/
     West Zone,
     South Delhi Municipal Corporation

(All the applicants are Group 'B' and Serving in Municipal
Corporations of Delhi)                       ...Applicants

(By Advocate: Mr. M.K. Bhardwaj)

                              Versus


North Delhi Municipal Corporation & Ors.


1.   North Delhi Municipal Corporation,
     through its Commissioner,
     North Delhi Municipal Corporation,
     4th Floor, Civic Centre, Minto Road,
     New Delhi-110002


2.   South Delhi Municipal Corporation,
     through its Commissioner,
     9th Floor, Civic Centre, Minto Road,
     New Delhi-110002

3.   East Delhi Municipal Corporation,
     through its Commissioner,
     419, Udyog Sadan,
     Patpar Ganj Industrial Area,
     Delhi-110095                               ...Respondents

(By Advocates: Mr. RN Singh and Mr. R.K. Jain)
                                    27
                                                          OA No. 1543/2017




                          : O R D E R (ORAL) :

Justice Permod Kohli :

In this Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants have prayed for following reliefs:-
"(a) To declare the action of respondents in not granting the scale of Rs.15600-39100 with Grade of Rs.6600 in PB3 attached to the promotional posts as 2nd financial upgradation to the applicants under MACP from due date with all arrears of pay, as illegal, arbitrary and unjustified and direct the respondents to grant scale of Rs.15600-39100 with Grade Pay of Rs.6600 in PB 3 attached to the promotional posts, as 2nd financial upgradation with all consequential benefits.
(b) To declare the action of respondents in not granting financial upgradation to the applicants under MACP Scheme in the pay scales attached to the promotional post as illegal, arbitrary and unjustified and issue same directions as issued while allowing OA No. 1586/2014 vide orders dated 08.09.2015 & OA No. 3637/2015in case of similarly placed persons.
(c) To allow the OA with costs.
(d) Pass such other direction or directions order or orders as this Hon'ble Tribunal may deem fit and proper to meet the ends of justice."

2. The claim of the applicants is that they were appointed as JE(Civil) between 1986 and 1993 and posted at different places. Even after rendering requisite number of years of service, there were no promotional avenues for them for want of vacancies and made to stagnate on the same post for years together. The 5th 28 OA No. 1543/2017 Central Pay Commission recommended for grant of two time bound financial upgradations on completion of 12 and 24 years of regular service in the existing hierarchy subject to the condition that the concerned employee has not been granted any promotion. The applicants having not got any promotion, became entitled to the financial upgradations under the aforesaid Scheme. On completion of 12 years of service, the applicants were granted first financial upgradation in the pay scale of Rs.6500-10500 which was the pay scale for the post of AE (Civil). This financial upgradation was allowed on being found fit by the competent authority. Before the applicants could complete 24 years of required service, the Government of India, Ministry of Personnel, Public Grievances & Pensions, DoP&T issued OM dated 19.05.2009 for grant of three financial upgradations under MACP on the basis of 10, 20 and 30 years of regular service. Under the Sixth CPC, 2nd and 3rd financial upgradations have been placed in PB-2 in pay scale of Rs.15600-39100 with Grade Pay of Rs.6600 and PB-3 in scale of Rs.15600-39100 with Grade Pay of Rs.7600. The grievance of the applicants is that after the MACP Scheme came into operation, they were given Grade Pay of Rs.4800 in the same pay on account of 2nd financial upgradation. Under these circumstances, the present OA has been filed. A detailed counter affidavit has been filed by the 29 OA No. 1543/2017 respondents disputing the claim of the applicants, although it is admitted that the pay scale of Rs.15600-39100 carries Grade Pay of Rs.6600 in PB-2.

3. During the course of hearing, we find that the controversy in this case is squarely covered by the judgment of the this Tribunal dated 08.09.2015 passed in OA No. 1586/2014 and judgment dated 10.12.2015 passed in OA No. 3637/2015. The judgment in OA No. 1586/2014 was passed in case of Assistant Teachers on the basis of the judgments of the Hon'ble Punjab & Haryana High Court and of the Hon'ble High Court of Delhi. The operative part of the judgment of this Tribunal is as under:-

"6. In view of the judgment of High Court of Punjab & Haryana in CWP No. 19387/2011 (supra) and Order of the High Court of Delhi in WP(C) No. 3608/2014 (supra), we are of the view that though the MACP Scheme provides for promotion in the next Grade Pay, in view of the judgment of Punjab & Haryana High Court, which has also not been interfered by the Supreme Court, now the settled position is that even under the MACP Scheme, financial upgradations would be as per promotional hierarchy. As such, the applicants would be entitled for second financial upgradation in 2013 in the GP of Rs.5400/- with effect from the date they have completed 20 years of regular service, if otherwise found eligible. The respondents are, therefore, directed to issue orders accordingly re-fixing the pay of the applicants with all successive increments and pay all arrears due to them."

4. Considering the aforesaid judgment, another Division Bench of this Tribunal considered the claim of JEs working in the South Delhi Municipal Corporation, who were also similarly situated as the present applicants are and vide its order dated 30 OA No. 1543/2017 10.12.2015 passed in OA No. 3637/2015, following directions were issued:-

"2. Respondents have filed their reply. In this, they have stated that the case of the applicants is squarely covered by the judgment of this Tribunal in OA No. 1586/2014 dated 08.09.2015. The applicants are accordingly entitled to the same relief as has been granted to the applicant of the aforesaid OA. The applicants have also filed MA-3297/2015 seeking extension of benefit of the aforesaid judgment. In view of the reply filed by the respondents, this OA is disposed of with the direction to the respondents to extend the benefit of judgment dated 08.09.2015 of OA No. 1586/2015 to the present applicants as well within a period of 60 days from the date of receipt of a certified copy of this order. No costs. "

5. The issue involved in the present OA is squarely covered by the aforesaid judgments. This OA is allowed in terms of the abovementioned judgments, particularly, the last judgment of this Tribunal.



(K. N. Shrivastava)                       (Justice Permod Kohli)
      Member (A)                                       Chairman


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