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Central Administrative Tribunal - Delhi

Sunita Chawla vs Municipal Corporation Of Delhi on 27 July, 2023

                                       1
Item No. 19                                                  O.A. NO. 3318/2022

                       Central Administrative Tribunal
                       Principal Bench, New Delhi
                                 O.A. No. 3318/2022

                         Dated this the 27th day of July, 2023

                     Hon'ble Mr. R N Singh, Member (J)
                   Hon'ble Mr. Sanjeeva Kumar, Member (A)


          1. Smt. Sunita Chawla (Aged 60 years)
          D/o Sh.Mulakh Raj
          Community worker (Retd.) from the Community Services
          Department
           Shahdara (South)Zone, MCD, Delhi-110092
           R/O J-57, Shri Niwas Puri, New Delhi-110065

          2. Smt. Sneh Lata (Aged about 56 years)
          D/o Sh. Bhim Singh Working as Community worker in the
          Community Services Department
          Shahdara (South) Zone, MCD,
          Delhi-110092

          3. Smt. Sushila (Aged 56 years)
          D/o Sh. Hari Ram
          Working as Community worker in the Community Services
          Department Green Park, South Zone, MCD, Delhi

          4. Sh. Arun Kumar Tiwari (aged about 54 years)
          S/o Sh. Yamuna Prasad
          Working as Community worker in the Community Services
          Department Central Zone, MCD, Delhi

          5. Smt. Sita Gupta
          (Aged about 59 years)
          W/o Sh. Sajal Gupta
          Working as Community worker in the Community Services
          Department Central Zone, MCD,Delhi

          6. Smt. Kanta Saini
          (Aged about 57 years)
          D/o Sh. Balbir Singh Green Park,
          South Zone, MCD, Delhi
          Working as Community worker in the Community Services
          Department

          7. Smt. Rita Devi (Aged about 55 years)
          W/o Sh. Satpal Singh
                                        2
Item No. 19                                                  O.A. NO. 3318/2022

          Working as Community worker
          Working in the Community Services Department
          Shahdara (South) Zone, MCD, Delhi-110092

          8. Sh. Rajinder Singh (Aged about 53 years)
          S/o Sh. Nain Singh
          Working as Community worker in the Community Services
          Department
          Shahdara (South) Zone, MCD, Delhi-110092

          9. Smt. Yogina
          D/o Sh. Prahlad Singh
          (Aged about 55 years) Working as Community worker in the
          Community Services Department
          Central Zone, MCD, Delhi

          10. Smt. Kavita Saini (Aged about 53 years)
          D/o Sh. Amar Singh
           Green Park, South Zone, MCD, Delhi
          Working as Community worker
          in the Community Services Department
                                                              .....Applicant


        (Advocate: Mr. Ravi Bhushan)

                         Versus

           1. Delhi Municipal Corporation Though Its Commissioner
             Dr. S.P.M. Civic Centre, J.L.N. Marg, Minto Road,
             New Delhi- 110002
          2. The Director, Community Services Department
             Municipal Corporation of Delhi
             Dr. S.P.M. Civic Centre, J.L.N. Marg,
             Minto Road, New Delhi-110002
                                                               ...Respondents
                 (Advocate: Mr. Yudhishter Sharma)
                                         3
Item No. 19                                                     O.A. NO. 3318/2022

                                    O R D E R (ORAL)

Hon'ble Mr. R. N. Singh, Member (J) By way of the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:-

(a) To direct the respondents to extend the benefits of judgment dated 17.10.2008 & 17.01.2020, passed in Writ Petition (C) No. 4009/2007 & 11200/2017 respectively, titled as , "Mrs. Krishan Kant Sharma and Ors. Vs. EDMC & Ors.", and judgment dated 16.11.2005 passed in the case of "Urmil Chopra Vs. MCD", thereby directing the respondents to count their services as a 100 percent qualifying service as a part time community worker from their initial appointment till 25.04.2005.

(b) To direct the respondents to count the period of part time working as a community worker for the purpose of pension and pensionary benefits along with all consequential benefits in accordance with law.

(c) To impose the cost of proceedings against the respondents.

(d) To pass any other and further order which this Hon'ble Tribunal may deem fit and proper under the facts and circumstances of the case, in the interest of justice.

2. It is not in dispute that for redressal of their grievances the applicants have preferred representations (Annexure A/9 Colly.) and the same are still pending consideration of the respondents. Adequate opportunity was accorded to the respondents to file reply which is still awaited.

3. In the facts and circumstances, without going into the merit and with the consent of the learned counsels for the parties, respondents are directed to consider the applicant's aforesaid 4 Item No. 19 O.A. NO. 3318/2022 pending representations and dispose of the same by passing a reasoned and speaking order as expeditiously as possible and preferably within 6 weeks of passing of this order.

4. The O.A. stands disposed of in the aforesaid terms. No order as to cost.

        (Sanjeeva Kumar)                                 (R.N. Singh)
          Member (A)                                     Member (J)
          kk/