Central Administrative Tribunal - Delhi
Radha vs Govt. Of Nctd on 9 October, 2023
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
O.A./2701/2016
Order reserved on: 17.08.2023
Order pronounced on: 09.10.2023
Hon'ble Dr. Chhabilendra Roul, Member (A)
1. Radha, age about 34 years,
W/o Sh. Rajender Singh
R/o Village Yaqub Pur,
Bulandsher, PO Dhaturi, U.P.
2. Asha Devi, age about 36 years,
W/o Sh. Banwari
R/o Q-Block, 9/52, Kartar Nagar,
MangolPuri, New Delhi.
3. Vimlesh, age about 35 years,
W/o Sh. Nanak Chand
R/o H.No.3903, Street No.104,
Sant Nagar, Burari, Delhi-110034.
4. Sumitra, age about 36 years,
W/o Sh. Rajesh,
R/o V-178, Prem Nagar,
Delhi-110078.
5. Krishna Devi, age about 33 years,
W/o Sh. Deva Nand
R/o H.No.332, H-Block, Karam
Pura, Delhi.
6. Mahendri, age about 31 years,
W/o Sh. Mahabir Singh,
R/o 1028, Gandhi Ashram Road,
Pana Paposian, Narela, Delhi.
7. Mamta, age about 31 years,
W/o Sh. Suresh Kumar
R/o D/689-90, J.J. Colony,
Nangaloi, Delhi.
8. Raj Bala, age about 36 years,
W/o Sh. Om Prakash
R/o Vill. & PO, Auchnadi, Delhi.
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9. Kamlesh, age about 36 years,
W/o Sh. Shukh Pal Singh
R/o A-5, Gali No.1, Gokul Puri,
Loni Road, Delhi.
10. Pushpa, age about 37 years,
W/o Sh. Yudhbir Singh
R/o 859, Nangloi Camp No.2, Delhi.
11. Jyoti, age about 35 years,
W/o Sh. Shiv Charan,
R/o B-14, Pocket Sector-1, Rohini,
Avantika, Delhi.
12. Rajani, age about 33 years,
W/o Ashok Kumar,
R/o H.No.161, Street No.3,
Krishna Vihar, New Delhi.
13. Pushpa, age about 32 years,
W/o Sh. Dheerender Singh,
R/o C-524, F.F. Avantika
Sector-1, Rohini Delhi.
14. Vimla, age about 35 years,
W/o Sh. Naveen Kumar,
R/o 620/19E Amar Colony Ext.,
Godal Pur, Harijan Basti, Delhi.
15. Vandana, age about 31 years,
W/o Sh. Kamal Jeet
R/o J-543, Gali No.1, Near
Phalwan Chowk, Saroop Nagar,
Delhi.
16. Rajesh Devi, age about 36 years,
W/o Sh. Dharambir Singh,
R/o C-120, Prem Nagar, Kirari,
Suleman Nagar, Delhi.
17. SunitaVerma, age about 32 years,
W/o Sh. Rakesh Verma
R/o B-1092, Sector 1, Avantika,
Rohini, Delhi.
18. Kiran, age about 32 years,
W/o Sh. Dharambir Singh,
R/o D-31, Harsh Dev Park,
Budh Vihar, Phase-2, Delhi.
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19. Rekha Bhandari, age about 31 years,
W/o Sh. Arjun Singh Bhandari,
R/o 286, Shankar Marg, Gali No.4,
Mandawali, Delhi.
20. Urmila Negi, age about 30 years,
W/o Sh. Virender Singh Negi,
R/o Complainant-428, Avantika,
Rohini, Delhi.
21. Geeta Devi, age about 37 years,
W/o Late Sh. Mahendra Pal,
R/o Vill. Sultan Pur Dabas, PO.
KhurdPooth, Khurd, Delhi-11039.
22. Sunita, age about 40 years,
W/o Sh. Lal Ram
R/o 16/78, Bapa Nagar, Hardhayna
Singh Road, Karol Bagh, Delhi.
23. Dharamwati, age about 35 years,
W/o Sh. Pradeep Kumar,
R/o H.No.42, Jain Colony, Prahlad
Pur, Delhi.
24. Asha Devi, age about 35 years,
W/o Sh. Ashok Kumar
R/o VillPrahladPur, Bangarmanpura,
Delhi.
25. Shakuntala, age about 33 years,
W/o Jagdish Singh,
R/o 1033, Narela Pana Paposiyan,
Delhi-110040.
26. Seema, age about 28 years,
D/o Sh. Rajveer Singh,
R/o 378-E Sunarowali Gali,
Pooth Kalan, Village, Delhi.
27. Pushpa Devi, age about 31 years,
W/o Naresh Kumar,
R/o H.No.537, Village Port Auchandi,
Delhi-110039.
28. Sheela, age about 33 years,
W/o Sh. Ranveer Singh,
R/o K-10 Near Gandhi Ashram,
Narela, Delhi-110040.
29. Pooja Rani, age about 30 years,
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W/D/O Sh. Raj Narayan
R/o A-2/268, UtsavVihar, PO.
Karala, Delhi-110081.
30. Manju Devi, age about 36 years,
W/o Sh. Anil Kumar,
R/o A-46, Shasid Shukhdev Nagar,
Jhuggies, Ind. Area, Wazirpur, Delhi.
31. Manju Devi, age about 30 years,
W/D/O Sh. Ram Singar Singh
R/o Complainant-503 Wazirpur,
JJ Colony, Delhi-110052.
32. Maya Devi, age about 31 years,
D/W/O Sh. Shankar Paswan,
R/o A-46, Shahis Shukhdev Nagar,
Ind. Area, Wazirpur, Delhi.
33. Suman Sain, age about 32 years,
W/o Sh. Uma Shankar,
R/o 171, Gali No.6, Block-K,
Prem Nagar, Delhi-110086.
34. Pinky Sehrawat, age about 29 years,
W/o Sh. Jitendra Sehrawat,
R/o H.No.382, Ishwar Colony,
Bawana, Delhi-110039.
35. Vinod Kumar, age about 51 years,
S/o Sh. Dalchand,
R/o H.No.181, V.P.O. Nangal
Thakran, Delhi.
36. Lalawati, age about 29 years,
D/o Sh. Mohar,
R/o K-836, Mangolpuri,
Delhi-110083.
37. Ritu, age about 32 years,
W/o Sh. Ajay Sharma,
R/o 2364 2nd Floor Raja Park,
Delhi-110034.
38. Somnath, age about 33 years,
S/o Sh. Thakur Dass,
R/o Vill. Badrog, PO. Samoh,
Distt. Bilaspur, HP.
39. Suresh Kumar, age about 34 years,
S/o Sh. Banshi Lal,
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R/o Vill. Viajypur, PO Samoh,
Distt. Bilaspur, HP.
40. Balvir Singh, age about 36 years,
S/o Sh. Budhi Ram,
R/o Vill. Churari, PO. Hawana, Distt.
Bilaspur, HP.
41. Vinod Kumar, age about 35 years,
S/o Sh. Jeetram,
R/o Vill. Jethwin, Tehsil Jhanduta
Distt. Bilaspaur, H.P.
42. Kishori Lal, age about 30 years,
S/o Sh. Amar Singh
R/o Vill. Delag the Sadew, Distt.
Bilaspur, H.P.
43. Rampal, age about 38 years,
S/o Sh. Lekhiram
R/o V.P.O. Naswal, the Ghumarwain
Distt., Bilaspur, H.P.
44. Sushma Devi, age about 36 years,
W/o Sh. Sanjay Roy,
R/o H.No.102, Block-J, Vijay Vihar,
Phase-1, Delhi.
45. Archana, age about 34 years,
W/o Sh. Naresh Kumar,
R/o J-551, MangolPuri, New Delhi.
46. Savita Rani, age about 38 years,
W/o Sh. Suresh Kumar,
R/o H.No. 109, Ishwar Colony, Bawana,
Delhi.
47. Secundra Kujar, age about 35 years,
W/o Sh. Abertus Kuju,
R/o F-18/71, Sector-8, Rohini Delhi.
48. Poonam, age about 36 years,
W/o Sh. Manoj Kumar,
R/o 4516, Nai Sarak Roshan Pura,
Chandni Chowk, Delhi.
49. Ms. Kiran Avasthi, age about 40 years,
W/o Sh. Sanjay Kumar,
R/o WZ-551, Gali No.18F, Sudh Nagar,
Palam, Delhi.
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50. Darshan Rani, age about 41 years,
W/o Sh. Dinesh Kumar,
R/o RZP, 242, Raj Nagar-II,
Palam Colony, Delhi.
51. Pinky, age about 35 years,
W/o Sh. Dharamjeet,
R/o F-108, Block-F, Rajiv
Nagar, Dwarka, Sector-7, Delhi.
52. Manju Pandey, age about 37 years,
W/o Sh. V.N. Chaubey,
R/o 39/2, Gali No.Joharipur Ext.
Delhi.
53. Raj Kimari, age about 38 years,
W/o Sh. Pitam Singh,
R/o WZ-251, Basai Darapur,
Delhi-110051.
54. Leela Wati, age about 40 years,
W/o Sh. Rajesh Tiwari,
R/o 517, Block-H, Mangol Puri,
Delhi.
55. Satyavi, age about 40 years,
W/o Sh. Rajbir Singh,
R/o H.No.305, Village Pooth
Kalan, Delhi.
56. Neena Gupta, age about 40 years,
W/o Sh. Late Sh. Yashpal Gupta,
R/o 258, Block GH-8, Paschim Vihar,
Delhi.
57. Kanchan, age about 34 years,
W/o Sh. Raj Kumar,
R/o H4A Krishan Vihar, Delhi.
58. Usha Pathak, age about 40 years,
W/o Sh. Naveen Chand Pathak,
R/o B-16, Mahabir Vihar, Kanjhawala.
59. Rajan Khatun, age about 31 years,
W/o Sh. Naseeb Amad,
R/o Block-C 44, Mahabir Vihar,
Kanjhawala.
60. Laxmi, age about 31 years,
D/o Sh. Ram Saran,
R/o H.No.5, Aksar Pur Majra, Om
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Vihar Colony, Delhi.
61. Suman Lata, age about 35 years,
W/o Sh. Prakash,
R/o B-227, AmanVihar, Delhi.
62. Usha Rani, age about 41 years,
W/o Sh. Charanjeet Sharma,
R/o B-132, Sector-18 M.I.G.
Flat Rohini, Delhi-110085.
63. Sushma, age about 41 years,
W/o Sh. Ratnvir,
R/o H.No. D-3/183, Sector-20,
Rohini.
64. Deepika Sharma, age about 42 years,
W/o Sh. Ashutosh Sharma,
R/o I-28, Sharma Colony, Delhi.
65. Reena, age about 34 years,
W/o Sh. Bramdat Singh,
R/o H.No.F-61/140, Sultan Puri,
New Delhi.
66. Asha Bano, age about 32 years,
D/o Sh. Rat Husan,
R/o H.No.1043 Y- Block, Mangol
Puri, New Delhi-110083.
67. Naresh Kummari, age about 33 years,
W/o Sh. Baldev Singh,
R/o H.No.306 Pooth Kalan,
New Delhi-110086.
68. Kamlesh Kaushik, age about 33 years,
W/o Sh. Vinod Babu Kaushik,
R/o H.No.669/61A Jawala Nagar Pal
Gali No.1, Shahadara Delhi-110032.
69. Rajshri, age about 35 years,
W/o Sh. Bhim Singh,
R/o SoniyaVihar, Delhi.
70. Jayshankar, age about 30 years,
D/o Sh. Sita Ram Pandit,
R/o Jan Utthan Sangh, G.R.C. Basti
Vikas Kendra, Wazirpur, Shaid Sukhdev
Nagar Factory Area, Delhi-110052.
71. Rajwati, age about 33 years,
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W/o Sh. Mitra Pal
R/o H.No.75/76, Sector-25, Rohini,
Delhi.
72. Kiran Ranga, age about 37 years,
W/o Sh. Sandeep Ranga,
R/o H.No. Gali No.25/D, Swatanra
Nagar, Narela, Delhi.
73. Roshni, age about 34 years,
W/o Sh. Dharam Prakash,
R/o H.No.163, Lampur, Narela,
Delhi-110040.
74. Sunita Manji, age about 36 years,
W/o Sh. Rajesh Manji,
R/o D-475, Nathu Pura, Khidki
Wali Gali, Delhi-110084.
75. Sunita Bola, age about 40 years,
W/o Sh. Vijay Kumar Bhola,
R/o EE-107C, Jahangir Puri,
New Delhi.
76. Anjala Toppo, age about 30 years,
W/o Sh. PikkeToppo
R/o H.No.69, Man Colony, Khera
Khurd, Delhi.
77. Asha Rohilla, age about 35 years,
W/o Sh. Sunil Rohilla,
R/o H.No.1406, Gali No.7,
Saventar Nagar, Delhi.
78. Neelam, age about 32 years,
W/o Sh. Sanjeev Singh,
R/o E-86, Rajiv Nagar, Delhi.
79. Daleep, age about 32 years,
S/o Late Sh. Sudhir Lal,
R/o Asha Kiran Complex, Sector-1,
Avantika, Rohini, Delhi-110085.
80. Umesh, age about 30 years,
D/o Late Sh. Rajender Singh
R/o H.No.1720, Y Block, Mangol
Puri, Delhi.
81. Krishna Devi, age about 38 years,
W/o Sh. Needar Bara Singh,
R/o H.No.35-36, Ishwar Colony,
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Bawana, Delhi.
82. Seema, age about 40 years,
W/o Sh. Rajbir Nier,
R/o H.No.E-378 Brahm Shakti,
Pooth Kalan, New Delhi.
83. Suman Rathi, age about 39 years,
W/o Sh. Sukhbir Singh,
R/o E-21/A, Shiv Nagar Enclave,
Nazafgarh, New Delhi.
84. Dayawati Pal, age about 40 years,
W/o Sh. Hariom Pal,
R/o A-108, Bharat Vihar, Rajapuri,
Uttam Nagar, Delhi-110059.
85. Poonam, age about 29 years,
W/o Sh. Omveer,
R/o B-586, Jahangir Puri,
Delhi-110033.
86. Mamta Mary Philip, age about 40 years,
D/o Philip,
R/o C-154, J.J. Colony, Palam Colony,
Palam, Dwarka, Delhi.
87. Mithlesh Verma, age about 31 years,
W/o Sh. Virender Kumar,
R/o F-2/321, Sultan Puri, Delhi.
88. Geeta, age about 40 years,
W/o Sh. Kanhiya Lal,
R/o H.No.388, Block-0
Mangol Puri, Delhi.
89. Anuradha, age about 31 years,
W/o Sh. Rahesh,
R/o 423, Kiradi Ext. Pocket-4
Suleman Nagar, Delhi.
90. Lalita Devi, age about 35 years,
W/o Sh. Vishnu Nath,
R/o 103/10, Wazirpur Industrail Area,
Shahid Sukhdev Nagar, Delhi.
91. Ms. Seema, age about 33 years,
D/o Sh. Lalan Singh,
R/o H.No.107, Jain Hardwera Road,
Nehru Enclave Village, Alipur,
Delhi-110036.
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92. Lajjawati, age about 34 years,
W/o Sh. Ram Phal,
R/o Defendant-3/183, Sector 20,
Rohini, Delhi.
93. Inderpati Devi, age about 35 years,
W/o Sh. Shyam Ratan,
R/o 263-B, Kiran Vihar, Part IV Som
Bazar Road, PO. Sultan Puri,
New Delhi-110086.
94. Sanjita Kumari, age about 40 years,
W/o Sh. Devnder Kumar,
R/o Y-772 Prem Nagar-2, Kirari
Suleman Nagar, Nangloi, Delhi-86.
95. Ms. Ruby, age about 40 years,
W/o Sh. Kailash,
R/o H.No.77 Block-D/1 Manya Vihar,
Madan Pur Dabas, Delhi-110081.
96. Sunita, age about 36 years,
W/o Sh. Kaushal Kishore,
R/o Y/719, Mangol Puri, Delhi.
97. Heera Devi, age about 37 years,
W/o Sh. Late Sh. Nagendra Prasad,
R/o H. No.1667, Dulia Colony, Gali No.1,
Alipur, Delhi-110036.
98. Poonam Sharma, age about 33 years,
W/o Late Sh. Kishan Kumar,
R/o H.No. G/130, Gali No.5, Block-G,
Molarbond Ext. Badarpur Border,
Delhi-110044.
99. Manju Sharma, age about 37 years,
W/o Sh. Sunil Kumar Sharma,
R/o H.No.171, Utsav Vihar, Karala, Delhi.
100. Heera Moti, age about 38 years,
W/o Sh. Santosh,
R/o 3/B/370, Sahid Sukhdev, Wazirpur,
Industrial Area, Delhi.
101. Narayani, age about 37 years,
W/o Sh Satyadev Prasad,
R/o K-845, MangolPuri, Delhi.
102. Poonam Mongia, age about 35 years,
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W/o Sh. Surjit Kumar Mongia,
R/o Defendant-19 Rama Vihar,
Street No.13, Delhi.
103. Sunita Rani, age about 38 years,
W/o Sh. Bhagwan,
R/o H.No.500-B Main Standwali Gali,
Nai Basti Village, Jaunti, Delhi.
104. Leela Devi, age about 40 years,
W/o Sh. Sheshnath,
R/o B-404, Sashid Sukhdev, Wazirpur,
Ind. Area, Delhi.
105. Sunita Sharma, age about 39 years,
W/o Sh. Bhudev Sharma,
R/o A-107, Shyam Colony Budh Vihar,
Phase-II, Delhi-110086.
106. Shakuntala Devi, age about 32 years,
W/o Sh. Vinod Kumar,
R/o H.No.37 V.P.O. Mundaka, Delhi.
107. Neelam, age about 36 years,
W/o Late Sh. Rajender,
R/o H.No.304, Gol Market
Panchkuian Road, New Delhi.
108. Meena Samant, age about 40 years,
D/o Sh. Nandan Singh,
R/o A-7 Kishan Colony, Delhi-110042.
109. Subhagwati, age about 40 years,
W/o Sh. Ram Saran,
R/o 611, Jwala Nagar, Shahadra,
Delhi110032.
110. Janesh, age about 34 years,
W/o Late Sh. Rajender Sahni,
R/o K-411, Jahangir Puri,
Delhi-110033.
111. Sonu Chauhan, age about 34 years,
W/o Sh. Arun Chauhan,
R/o B-63, SS Nagar Pur, Wazirpur Ind.
Area, Delhi.
112. Nirmala Toppo, age about 30 years,
D/o Sh. Ighatius Toppo,
R/o H.No.8, Astia Kiran Complex,
Avantika Sector-1, Rohini, Delhi-110085.
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113. Shabana, age about 30 years,
W/o Sh. Afsar Ali,
R/o I-1137, Mangol Puri, Delhi.
114. Usha Sinduria, age about 35 years,
W/o Late Sh. Anil,
R/o I-1192, Mangol Puri Delhi.
115. Suman, age about 37 years,
W/o Sh. A. Tigga,
R/o H.No.205/01, Mann Enclave,
Khera Khurd, Delhi.
116. Alpna Singh, age about 38 years,
W/o Rajender Singh,
R/o F-4/348, Sultan Puri, Delhi.
117. Suman Kasyap, age about 30 years,
W/o Late Sh. Yashpal Kashyap,
R/o Flat No.1555, Type-II Delhi
Administration Flats, Gulabi Baag, Delhi.
118. Asha Pal, age about 37 years,
W/o Sh. Dharmendra Pal,
R/o B-3/112, Sultan Puri,
Delhi-110066.
119. Meena Kumari, age about 38 years,
W/o Sh. Arun Chander,
R/o A-4/280, Sector-4, Rohini, Delhi.
120. Nidhi, age about 40 years,
W/o Sh. Naresh Sharma,
R/o 413, Skuter Zheel Khuregi,
Delhi-110051.
121. Rajesh Kumari, age about 35 years,
W/o Sh. Raj Kumar,
R/o H.No.401, V.P.O. Balwala, Delhi.
122. Saroj, age about 37 years,
W/o Sh. Jhasn Singh,
R/o F-2 Majnu Ka Tila, Aruna Nagar,
Delhi.
123. Gyanwati, age about 39 years,
W/o Late Sh. Charan,
R/o H.No.26, G-Block, Mubarak Pur,
Delhi.
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124. Chandra Kala, age about 37 years,
W/o Sh. Ram Avtar,
R/o H.No. Defendant 439, Shakur
Pur, Delhi.
125. Prakashi Devi, age about 38 years,
W/o Sh. Joginder Singh,
R/o H.No.251, Vill & PO-Hiran
Kudana, Delhi-110041.
126. Kanta, age about 42 years,
W/o Sh. Ved Prakash,
R/o H.No. Complainant-44/292,
Gali No.17, Ganwat Ext. B
Bhajanpura, Delhi.
127. Sanjeeta, age about 39 years,
W/o Sh. Sazid Ali,
R/o 1133 Block-Complainant-1,
Mangol Puri, Delhi.
128. Avinash Bhalla, age about 36 years,
W/o Late Sh. Rampal,
R/o A-50, Extn. Guru Nanak Vihar,
Nangloi, Delhi.
129. Sunita Nanada, age about 38 years,
W/o Pramod Nanda,
R/o C-105/2 Phase-II, Vijay Viahr,
Avantika, Rohini Delhi.
130. Rekha, age about 33 years,
W/o Sh. Swarn Pandit,
R/o A-47, Indra Enclave, Part-II,
Kiradi Suleman Nagar, Delhi.
131. Bala Devi, age about 32 years,
D/o Sh. Devender Kumar,
R/o H.No.312, Holambi Kalar,
Delhi-110082.
132. Nasreen, age about 34 years,
W/o Sh. Georage,
R/o A-30, Mangol Puri, JJ Colony,
Delhi.
133. Vibha Sinha, age about 34 years,
W/o Sh. Yogendra Singh,
R/o A-712, Arya Nagar, Prem
Nagar-III, Kirari Suleman Nagar,
Nangloi, Delhi.
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134. Sangeeta, age about 33 years,
W/o Sh. Ramesh Bahadur
R/o H.No.439, Prem Nagar-II,
Block-V, Kirari Suleman Nagar
Delhi.
135. Renu Bala, age about 33 years,
W/o Sh. Ashok Kumar,
R/o Defendant-1/123, Defendant-
Block, Mansa Ram Park, Uttam
Nagar, Delhi.
136. Anita, age about 40 years,
W/o Sh. Narender Kumar,
R/o Complainant-1/403,
Sector-11, Rohini, Delhi.
137. Devanti, age about 37 years,
W/o Sh. Vijay,
R/o H.No.105, Block-D, Rajdhani Park
Village Mundaka, Delhi.
138. Renu, age about 33 years,
W/o Sh. Vinay Kumar,
R/o Mubarak Pur, Bhagya
Vihar, Delhi-110090.
139. Ruby, age about 38 years,
W/o Sh. Prakash Jha,
R/o A-286, Wazirpur Industrial Area,
Delhi-110052.
140. Babita, age about 33 years,
W/o Sh. Narender,
R/o 95, Badli, Delhi-110036.
141. Sangeeta, age about 38 years,
W/o Sh. Rukampal Singh,
R/o Akbar Pur Mazra,
Delhi-110036.
142. Shushilla, age about 40 years,
W/o Sh. Sunder Lal,
R/o 6594, Block No.9, Gali No.23,
Dev Nagar, Karol Bagh, Delhi.
143. Shalu Kumari, age about 42 years,
W/o Sh. Manoj Kumar,
R/o H.No.696, Harijan Mohalla
Village, Bakhtawar Pur, Delhi-110036.
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144. Pinky, age about 35 years,
W/o Sh. Ravinder Kumar,
R/o H.No.233, Village Mungeshpur,
P.O Qutab Garh, Delhi-110039.
145. Sunita Devi, age about 38 years,
W/o Sh. Raja Chandra,
R/o H.No.211, Alipur, Delhi-110086.
146. Alpna, age about 37 years,
W/o Sh. Brij Mohan,
R/o H.No.B-369, Rajeev Nagar,
Delhi-110086.
147. Bimla Sharma, age about 38 years,
W/o Sh. Subhash Sharma,
R/o E-19/23, Block-E, Swami
Shardanand Park, Bhalswa Dairy,
Delhi.
148. Laxmi, age about 42 years,
W/o Ravinder Gupta,
R/o B-1099, Sector-1, Prem
Nagar-II, Kirari, Delhi-110086.
149. Ranjana Poonia, age about 33 years,
W/o Late Sh. Raman Pal Poonia,
R/o WZ-261, Narina, Delhi.
150. Babita, age about 32 years,
D/W/O Sh. Ashok Kumar,
R/o Complainnat-30, Rohini
Sector-1, Avantika, Rohini, Delhi.
151. Hazara, age about 37 years,
W/o Sh. Rafiq,
R/o H.No.1134, Block-1, Mangol Puri,
Delhi-110083.
152. Basanti Devi, age about 38 years,
W/o Late Sh. Nand Kishore Bhagat,
R/o Jhuggi No.4/26, Sindhora Kala
Near Bhartiya Vidhyalaya Chowki No.2,
Delhi-110052.
153. Vimla Sharma, age about 33 years,
W/o Sh. Rishi Raj Sharma,
R/o 8873/14-B, Shidipura, Karol
Bagh, Delhi-110005.
16
OA 2701/2016
154. Pooja, age about 33 years,
D/o Sh. Krishna Prasad,
R/o A-243, JJ Colony Sector-24,
Rohini Delhi-110085.
155. Ruma, age about 37 years,
D/o Sh. Shiv Chandra Prasad,
R/o C-87, 24 J.J. Colony
Sector-24, Rohini, Delhi-110085.
156. Kalpana, age about 38 years,
W/o Sh. Late Shiv Kumar Dixit,
R/o J-50, Gali No.1 Kartar Nagar,
Delhi.
157. Krishna, age about 39 years,
W/o Late Sh. Vinod Kumar,
R/o Pooth Kala, H.No.46, Delhi.
158. Sunita Gautam, age about 37 years,
W/o Sh. Ashok Gautam,
R/o H.No.77, Pocket No. Rohini
Sector-21, Delhi.
159. Sarla, age about 38 years,
W/o Sh. Rambir Singh,
R/o H.No.14/19 B-166, Bagam
Bihar, Government School.
160. Urmila Maurya, age about 37 years,
W/o Sh. Nand Lal Maury,
R/o H.No. Block 71, Jawala Puri,
Nangloi, Delhi.
161. Sheela, age about 35 years,
W/o Sh. Shambu Mangi,
R/o Block-SA, Amar Colony.
162. Kevli Das, age about 42 years,
W/o Sh. Raju Das,
R/o Punjabi Basti, Majnu Ka Tela,
Delhi-110054.
163. Kanti, age about 37 years,
W/o Hari Lal,
R/o Sh. H.No.314, Lal Gali,
Lala Bukari New Delhi-110082.
164. Sarita Khajur, age about 33 years,
W/o Sh. JaswaKhajur,
R/o Quarter No.8, Asha Kiran,
17
OA 2701/2016
Rohini, Sector-1, Avantika, Delhi.
165. Babita, age about 34 years,
W/o Sh. Shiv Kumar,
R/o H.No.401, Buradi Village,
Delhi-110084.
166. Meena, age about 40 years,
W/o Sh. Sanjay,
R/o 107, Jan Hardauri Road,
Nehru Enclave, Village Alipur,
Delhi-110036.
167. Sadhna, age about 38 years,
W/o Sh. Sunil Kumar Singh,
R/o 235, B.S.A. Camp, Rohini,
Sector-6. Delhi.
168. Rajesh, age about 40 years,
W/o Sh. Jagdish Kumar Singh,
R/o H.No.546, V.P.O. Auchandi,
Delhi-110039.
169. Manju, age about 34 years,
D/o Sh. Jagdish Sharma,
R/o B-7/129, Sector-3, Rohini,
Delhi-110039.
170. Narinder Kaur, age about 41 years,
W/o Sh. Amrit Pal Singh,
R/o H.No.370, Pooth Kala,
Delhi-110046.
171. Nirmala, age about 33 years,
W/o Sh. Mukesh Kumar,
R/o H.No.58 5A Near Harijan
Chopal, V.P.O Pooth Kalan, Delhi.
172. Neelam, age about 37 years,
W/o Sh. Ombier Singh,
R/o H.No.61, Dager Pana,
Prahalad Pur, Banger.
173. Vardani Logon, age about 38 years,
W/o Sh. Sorsain Logon
R/o C-484, Millenium Apartment,
Sector-18, Rohini, Delhi-110089.
174. Seema Rani, age about 39 years,
D/o Sh. Amaze Singh,
R/o B-6/99, Sector-8, Rohini,
18
OA 2701/2016
Delhi-110085.
175. Rambha, age about 37 years,
W/o Sh. Kedar Nath,
R/o 7118, Mangol Puri, S Block,
Delhi.
176. Bimla Pal, age about 34 years,
W/o Sh. Shiv Bahadur,
R/o Block-V H. No. U-378, Prem
Nagar, Delhi. ...Applicants
(Through Shri Pankaj Kumar, Advocate)
Versus
1. Govt. Of NCT of Delhi
Through the Chief Secretary,
Govt. Of NCT of Delhi,
New Sectt. Near ITO, New Delhi.
2. The Director Directorate of Social
Welfare, Govt. Of NCT of Delhi,
GLNS Complex, Delhi Gate,
New Delhi.
3. The Administrator
"Asha Kiran" Home for mentally Retarded,
Department of Social Welfare,
Govt. Of NCT of Delhi, Avantika Complex,
Rohini, Sector-1, Delhi-85. ...Respondents
(Through Shri Amit Anand, Advocate)
ORDER
Hon'ble Dr. Chhabilendra Roul, Member (A) The present OA has been filed by the 176 applicants against the alleged inaction on the part of the respondents in regularizing their services.
2. The factual matrix of the present case is as follows: 19 OA 2701/2016
2.1 The Asha Kiran Complex of the NCTD, housing four institutions, have been established for mentally challenged children and adults. These institutions are running since 1960s. Due to persistent complaint of poor infrastructure and management of these institutions, a Committee was formed in 2010. The said Committee, after inspecting the institutions, recommended, inter alia, to increase the deployment of care taker staff like Ayas/House Aunties/ Care Givers. To minimize the budgetary out go, it suggested hiring staff on contract basis. The government of NCTD, in pursuance to these recommendations, published an advertisement for recruitment of staff on contract basis, through walk-in interviews. The present applicants were engaged on contract basis following their selection through the above process.
2.2 At the time of their engagement the applicants were given offer letters which stipulated various terms and conditions of their contractual appointment (Annexure-A1).
The contract was for a period of one year with the stipulation that no DA/HRA/CCA or any other allowances shall be paid to such contractual staff. These staff shall enjoy 20 days Casual Leave. House Aunties engaged for 24 hours shall be provided boarding, lodging and meals too. 2.3 The contractual services of the applicants continued/renewed from time to time. A PIL was filed in the 20 OA 2701/2016 year 2011 bearing title Reena Banerjee & others vs. GNCTD and others in writ petition No. 8229 of 2011. Vide order dated 7.09.2012, the Hon'ble High Court took note of the suggestions of the Government of NCTD for improvement of the functioning of the Asha Kiran institutions.
2.4 The applicants made representation on 15.09.2012 against the memoranda issued in 2011 to the applicants to sign the renewal contract agreements. After not getting any response from the respondents in respect of their representations, the applicants filed OA bearing no. 4099 of 2012 in this Tribunal. Vide order dated 4.08.2014, the Tribunal directed to examine the claim of the applicants therein. The respondents vide their order dated 26.11.2014 rejected the claim of the applicants. Being aggrieved, they have come to this Tribunal seeking the following relief:
"(a) That the Hon'ble Tribunal may kindly be pleased to declare the order dated 26.11.2014 arbitrary and illegal wherein the respondent has refused to consider the claim of applicants regarding pay, regularization and leave in consonance with Sonia Gandhi & other Vs. Govt. of NCT of Delhi & other despite a direction passed by Hon'ble Tribunal dated 4.8.2014.
(b) Pass an order directing the respondents to take all required steps to regularize the service of the applicants with all consequential benefits and the arrears thereof Or 21 OA 2701/2016
(c) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to give salary to the petitioners based on the formula as directed by the Hon'ble High Court in case of Sonia Gandhi and others v/s NCT of Delhi from the date of joining, on the principle of equal pay for equal work."
3. Notices were issued to the respondents and they have filed their counter reply, to which the applicants have also filed rejoinder.
4. The Applicants in their OA as well as through their learned counsel during arguments have tendered the following grounds in support of the reliefs sought by them:
4.1 The applicants are invoking the principle of equal pay for equal work in view of the principles of law established by the Hon'ble Supreme Court in Randir Singh Vs. Union of India, AIR 1982 SC 879. In the Randir Singh (supra) case, the Apex Court held that equal pay for equal work should be one of the constitutional goals and the government being a model employer should thrive to attain this goal in its employments. The Apex Court in Daily Rated Casual Labour Vs. Union of India, 1988 1 SCC 122 held that the doctrine of equal pay for equal work is equally applicable to temporary or casual employees performing same duties. In the instant case, the respondents are not following the said established law by not offering proper pay scales though they are taking work from the applicants at par with regular 22 OA 2701/2016 employees and that too since their contractual employment in 2011.
4.2 The learned counsel for the applicants further averred that this Tribunal vide order dated 4.08.2014 in the case of Sanjay Kumar Gupta and ors. Vs. Govt. of NCT of Delhi and ors. directed the respondents to consider the claim of the applicants in light of Hon'ble Delhi High Court judgment in Sonia Gandhi &Ors Vs. Govt of NCT of Delhi & ors., W.P.(C) No.6798/2002 decided on 6.11.2013 and directed, in respect of the contractual employees working in various departments against posts such as Crafts Instructors, paramedics such as Nursing Assistants, Laboratory Attendants, Laboratory Technicians, Radiographers etc., in the following manner:
"13. The two above captioned writ petitions filed in the year 2002 and 2003 have remained pending, and thus as regards the payment which writ petitioners would be entitled to receive, we declare that the same have to be as per the law declared by the Division Bench of this Court on May 22, 2009 in W.P.(C) No.8476/2009 i.e. Victoria Massey's case.
xxxx xxxx xxxx
16. On December 01, 2010, a circular was issued enclosing therewith 'Proforma of consent' to be accorded by those who were engaged on contract basis, condition No.10 of which read as under:-
"Leave admissible to the employees during the Contract Period:
i. Earned Leave will be granted @ two and half days per month of completed service. ii. The leave will be granted in full days only. iii. Maternity leave as per maternity Benefit Act, 1961.23 OA 2701/2016
iv. Leave encashment on termination of service or during the currency/enquiry of contract period is not allowed.
v. No other leave is admissible."
xxx xxx xxx
22. Accordingly, we issue another direction and simultaneously dispose of the two writ petitions. The direction would be that the Government of NCT Delhi would carry out a manpower requirement assessment in all its departments keeping in view the fact that the population in Delhi has crossed 1.7 crore persons. Such number of posts shall be sanctioned as are necessary to provide services to the citizens of Delhi. A one time policy of regularization shall be framed and existing rules pertaining to service in different departments shall be amended. Existing contractual employees shall be considered for appointment to these new posts as per a policy framed."
The Delhi High Court in the Sonia Gandhi case (supra) has also considered the judgment of the Apex Court in Secretary, State of Karnataka &Ors. Vs. Uma Devi & Ors, 2006 (4) SCC 1. In the Uma Devi (supra) case, the Apex Court held that though the courts cannot create posts for regularization, nor it can direct the executive to create posts for regularization, keeping in view the long span of temporary/casual service, the Government was implored to consider regularization of such employees as one-time measure.
4.3 The learned counsel for the applicants further averred that the impugned order dated 26.11.2014 has not taken into consideration the spirit of the judgment in Sonia Gandhi (supra) case and rejected the claims of the applicants without assigning proper reason. The impugned 24 OA 2701/2016 order has mechanically applied only selective observation of the Uma Devi (supra) case and rejected the claims of the applicants for regularization as well as payment of salary as per proper pay scale following the principle of equal pay for equal work and other leave benefits.
5. Per contra, the learned counsel for the respondents averred that the facts and circumstances of the Sonia Gandhi (supra) case is distinctly different than those obtaining in the present case. The applicants in Sonia Gandhi (supra) case were paramedical staff who were performing full time regular services. In the instant case, the applicants are part time casual care givers. Furthermore, the present applicants are not appointed against any regular posts and hence the principle of equality of pay for equal work is not attracted here as there is no "other" against whom these employees could be compared. Hence, following the spirit of Uma Devi (supra) case, they cannot be regularized. Secondly, the applicants are paid the minimum wages as per the Minimum Wages Act and they cannot claim regular pay scale as no such posts are existing. The formula
- Basic pay+ Grade Pay+ DA - cannot be applicable in case of the present applicants. There is no discrimination against the present applicants because the above formula was applied in case of some Welfare Officers who were appointed on contract basis against regular sanctioned posts. 25 OA 2701/2016 5.1 The initial terms of the contractual appointment was accepted by the applicants. However, they have declined to sign such contracts when their contractual employment was renewed on subsequent occasions. As per the initial contractual terms and conditions, the applicants are granted 20 days casual leave.
5.2 In view of the above, the learned counsel for the respondents averred that the order dated 26.11.2014 by the respondents is a proper one and it has rightfully rejected the claims of the applicants.
6. I have perused the records of the case thoroughly and heard the averments by both the counsels. It is my considered view that, the respondents have not examined the case of regularization of the applicants and granting of various leaves as applicable to contractual/ temporary/ causal employees in spirit of various court judgments, particularly those referred by Hon'ble Delhi High Court in Sonia Gandhi (supra) judgment. This Tribunal vide order dated 4.08.2014 in OA no. 4099/ 2012 has held that:
"11. In the circumstances, the OAs are disposed of with direction that the respondents would examine the claim of the applicants regarding pay, regularization and leave, keeping in view the aforementioned judgments of Hon'ble Delhi High Court, within three months and take an appropriate decision under intimation to the applicants. It goes without saying that in the event the benefit of the judgment of Hon'ble Delhi High Court is not to the applicants, they would be at liberty to workout their right in accordance with rules. No costs"26
OA 2701/2016
6.1 When this Tribunal ordered to examine the claim of the applicants in light of the judgment of the Delhi High Court in Sonia Gandhi case, the respondents should have considered the spirit of the judgments of the Apex Court in Uma Devi (supra), and the Delhi High Court judgments in Government of NCT of Delhi Vs. Victoria Massey, WP(C) No. 8476 of 2009 and Government of NCT of Delhi & Anr Vs. Suman Singh, WP (C) No. 4641 of 2012. But the order dated 26.11.2014 by the respondents have not discussed the nuances of all these judgments and it has mechanically applied the selective part of Uma Devi (supra) judgment that the applicants were not appointed against sanctioned posts and they were appointed as contractual employees. 6.2 The state of mental health in the country and in the NCR is nothing much to speak about. These Asha Kiran institutes were established to cater to the mental health problems of the vulnerable sections of the society. These institutions are established like permanent institutions. To allow these institutions to function solely on the strength of casual/contractual staff is recipe for inefficient management of these institutes. Having said this, it is again our considered view that it is the prerogative of the government to take policy decision in the manner a particular public service shall be delivered - through permanent staff, or through contractual staff or through appropriate mix of such contractual and permanent/regular staff. The spirit of Uma 27 OA 2701/2016 Devi judgment is that the government should take one-time measure to assess such work load and mix of regular and contractual staff and see if some of the temporary staff can be regularized following due policy if the staff had been appointed following due selection process. 6.3. In the instant case, the applicants were initially appointed on contract basis, not against any sanctioned posts. Hence, applying the principles of Uma Devi, they cannot be regularized as it would amount to creation of posts where there were none. It has been rightly held in catena of judgments that the courts cannot direct the executive to create posts for regularization. Hence, the claim of the applicants to get regularization cannot be considered as a matter of right.
6.4 This leaves the other claim by the applicants regarding grant of regular pay scale and payment of regular salary, not wages, following the formula - Basic Pay + Grade Pay+ DA . As there are no sanctioned posts, there are no comparable posts against which such basic pay shall be considered for these contractual employees. The applicants have failed to demonstrate that any comparable post exists in the same organization with structured pay scales so that such comparison can be used for applying the principle of equal pay for equal work. In view of this, the claim of the 28 OA 2701/2016 applicants for payment of emoluments as per any minimum pay scale cannot be acceded to.
6.5. Hon'ble Delhi High Court in Government of N.C.T. Delhi & Ors. Vs. Shweta Tripathi and Anr, decided on 9.12.2014, W.P.(C) 3089/2014 has allowed grant of maternity leave to contractual employees. The Supreme Court in Dr. Kavita Yadav Vs. The Secretary, Ministry of Health and Family Welfare, Civil Appeal No. 5010/2023, vide order dated 17.08.2023 held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. The Apex Court in this judgment observed that in Municipal Corporation of Delhi Vs. Female Workers (Muster Roll) & anr., (2000) 3 SCC 224, a two Judge bench granted maternity benefits to contractual employees. The same view is reflected by the Hon'ble Apex Court in the case of Deepika Singh Vs. Central Administrative Tribunal, Civil Appeal No.5308/2022. In view of the settled law, the respondents are directed to grant maternity leave to the female contractual employees among the applicants. 6.6 Considering the long span of contractual/ daily-wager status of employment of the applicants, the respondents are directed to look into their case afresh on humanitarian ground and the likely impact of regular pay scales/regularisation on the morale of these applicants to 29 OA 2701/2016 deliver effective, and efficient services to the mentally disturbed from amongst the vulnerable sections of the society. They may, at least, consider creation of some regular posts in these institutions so that the contractual employees may be given better emoluments following the formula - Basic pay+ Grade Pay+ DA.
6.7 The respondents are directed to comply with the directions given in para 6.5 and 6.6 above, within 12 weeks from receipt of a certified copy of this order. 6.8 The OA is disposed of in above terms. There is no order as to costs.
(Dr. Chhabilendra Roul) Member (A) /dkm/