Central Administrative Tribunal - Delhi
Sanjeev Kumar vs Govt. Of Nctd on 5 July, 2021
1
OA No. 1223/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No. 1223/2021
This the 05 th day of July, 2021
(Through Video Conferencing)
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Ms. Aradhana Johri, Member (A)
Sanjeev Kumar,
Age about 42 years,
Group-B,
S/o Sh. Hukam Chand,
R/o 1309, Shiv Mandir Colony,
Alipur, Delhi.
... Applicant
(By Advocate : Ms. Pratishtha Vij)
Versus
1. Government of NCT of Delhi
Through its Secretary,
Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
2. Kshama Devi
W/O/D/O Pramod Kumar Pandey
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
Also residing at: Bd 58/8/D,
Haryana Dairy Gali,
Shalimar Bagh, Delhi.
3. Abha Singh
W/O/D/O Shiv Chandra Singh
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
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OA No. 1223/2021
Kashmere Gate, New Delhi-110001.
Also residing at: E-304,
East Vinod Nagar,
Delhi.
4. Adesh Kumar
S/O Ranbir Singh
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
Also residing at: Flat No.82G R Block,
Dilshad Garden,
Delhi.
5. Shimla,
W/O/D/O Nirmal Das
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
Also residing at: R/O k v 498 Village Sabhapur,
Delhi.
6. Kavita Choudhary
W/O/D/O Pramod Kumar Pandey
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
Also residing at: R/o H.N. B2 St No.4
Brahmpuri, Delhi.
7. Naz Mehdi
W/O/D/O Md. Mehandi
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
Also residing at: E-11 2nd floor, Abdul Fazal
Enclave Okhla,Delhi.
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OA No. 1223/2021
8. Ishwar Chand
S/o Sh. Dharam Pal
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
Also residing at: B-4834 2nd floor, Gali No.112/2
Sant Nagar, Delhi.
9. Rohit Kaushik
S/O K.K.Kaushik
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
Also residing at: C-2/38A,
Yamuna Vihar, Delhi.
10. Gudhal,
W/O/D/O Rajendra Singh
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
Also residing at: 2/59 Sec 2
Rajender Nagar, Delhi.
11. Geeta Rawat,
W/O/D/O Harsh Rawat,
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
12. Narender Kr. Sharma,
S/O Jagram Sharma,
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
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OA No. 1223/2021
13. Pushesh Atria,
Posted as Welfare Officer,
Through Department of Women and Child Development
1st Floor, Maharana Pratap ISBT Building,
Kashmere Gate, New Delhi-110001.
... Respondents
(By Advocate : Ms. Esha Mazumdar)
O R D E R (ORAL)
Justice L. Narasimha Reddy, Chairman :
The applicants were engaged as Welfare Officers (WO) on contractual basis in the Women and Child Care Department, Government of NCT of Delhi in the year, 2013. Ever since then, their contracts were being extended from time to time. In the recent past, the respondents have appointed the WO on regular basis. In view of that development, a notice dated 16.06.2021 was issued informing the applicant and certain others that they would be discontinued after one month from the date, the notice was served.
2. The applicant contends that the respondents are retaining some of the WO who were appointed on contractual basis much later and he is being discriminated. It is also stated that there are still vacancies and the respondents are contemplating to appoint another set of contractual employees.
3. Today, we heard Ms. Pratishta Vij, learned counsel for the applicant and Ms. Esha Mazumdar, learned counsel for the respondents.
5OA No. 1223/2021
4. It is not in dispute that the appointment of the applicant as WO was on contractual basis and he held that position almost for 8 years. The fact remains that the respondents have appointed WO on regular basis. It is but natural that whenever regular incumbent is appointed the one who is appointed on contractual basis against the same vacancy has to give way. It is in this background that the 12 WOs appointed on contractual basis were put on notice.
5. Though the applicant contends that the respondents are retaining some of the contractual WOs, learned counsel for the respondents, on instructions, submits that none is going to be retained by the respondents. Even otherwise the respondents need to follow the principle of 'last come and first go' in the context of discontinuation of contractual employees. The second aspect is that in case the respondents proposes to appoint any WOs on contractual basis, it shall only after retaining the applicant and other contractual employees and they shall not be replaced by another set of contractual employees. Any step contrary to that would violate the law laid down by the Hon'ble Supreme Court in this behalf.
6. We, therefore, dispose of the OA directing that:
(a) the respondents shall follow the principle of 'last come and first go' in the context of discontinuing contractual WOs; and 6 OA No. 1223/2021
(b) in case they propose to appoint any WOs on contractual basis, they shall not replace the applicant with the first candidate.
There shall be no order as to costs.
(Aradhana Johri) (Justice L. Narasimha Reddy) Member (A) Chairman Sd/lg/ankit/deeksha