Central Administrative Tribunal - Delhi
Pawnesh Vashishtha vs Govt. Of Nctd on 4 April, 2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 1071/2019
M.A. No.1192/2019
M.A. No.1193/2019
The 4th day of April, 2019
HON'BLE MR. V. AJAY KUMAR, MEMBER (J)
HON'BLE MS. ARADHANA JOHRI, MEMBER (A)
1. Pawnesh Vashsitha
S/o Shri Ram Niwas Sharma
Aged about 42 years
R/o 99D, DDA Flat,
Mansarovar Park, Delhi-110032
Working as Senior Mechanic (HAS) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
2. Prashant Kumar
S/o Shri Dalal Singh
Aged about 31 years
R/o 522 Kotla Vihar Phase-2.
PO Najafgarh, New Delhi-110043
Working as Technical Assistant (Computer) Group C,
Integrated Institute of Technology
Sector-9, Dwarka, New Delhi-110077,
Directorate of Training & Technical Education,
New Delhi.
3. Avnish Chandra
S/o Shri Mahendra Thakur
Aged about 35 years
C/o Hemant Kumar, Deptt. Of Chemistry,
ARSD College Dhaula Kuan,
New Delhi-110021
Working as Junior Mechanic (HAS) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
4. Neena Pandey
D/o Late Shri Bimal Prasad
Aged about 46 years
R/o C-30, West Jyoti Nagar Extn.
Loni Road, Shahdara, Delhi-110094
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Working as Senior Mechanic (CSE) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
5. S.C. Gupta
S/o Late Shri Brij Lal Gupta
Aged about 53 years
R/o C-30, West Jyoti Nagar Extn.
Loni Road, Shahdara
Delhi-110094
Working as Senior Mechanic (HAS) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
6. Devendra Pal
S/o Shri Mahipal Singh
Aged about 39 years
R/o H. No. 219, Village Maharajpur, Site-4,
Sahibabad, Ghaziabad, Uttar Pradesh-201010,
Working as Junior Mechanic (MAE) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
7. Narender Kumar
S/o Shri Malkhan Singh
Aged about 39 years
R/o H.No. 335, Mundhela Kalan
New Delhi-110073
Working as junior Mechanic (ECE) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
8. Satvir Saini
S/o Late Shri Pyare Lal Saini
Aged about 56 years
R/o H.No. 27, Mandir Wali Gali,
Opp. Mandir Azadpur Village,
Delhi-110033
Working as Junior Mechanic (ECE) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
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9. Jaiprakash
S/o Shri Madan Lal
Aged about 39 years
R/o D-188, Shakur Pur
J.J. Colony, New Delhi-110034
Working as Workshop Instructor (MAE), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
10. Amit Kr. Jaiswal
S/o Shri Shiv Shankar Jaiswal
Aged about 31 years
R/o H.No. C-17 (New),
C-24 (Old), Street No. 4,
Niti Vihar Near Lal Mandir Kirari,
Delhi-110086
Working as Junior Mechanic (ECE) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
11. Nilesh Kumar Shriwastav
S/o Shri Rajender Kumar
Aged about 32 years
R/o H.No. G-175, Gali No. 8,
Bhagat Singh Park, Siraspur,
Delhi-110042
Working as Junior Mechanic (HAS) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
12. Minaxi
D/o Shri Mahesh Kumar
Aged about 31 years
R/o VPO-Rasulpur,
Tehsil Palwal, Distt. Palwal,
Haryana-121102,
Working as Junior Mechanic (ECE) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
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13. Anil Kr. Tanwar
S/o Shri Anand Kishore Tanwar
Aged about 36 years
R/o H.No. 31, Shyam Nagar,
Okhla Industrial Estate,
New Delhi-110020
Working as Workshop Assistant (MAE), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
14. Atul Kumar
S/o Shri Vijay Kumar
Aged about 27 years
R/o Dhanpata Niwas,
H.No. C-7/8, Mandawali Uncheypar,
Delhi-110092
Working as Junior Mechanic (MAE) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
15. Sewa Singh
S/o Shri Balbir Singh
Aged about 32 years
R/o H.No. 572, VPO-Rohera,
District Kaithal, Haryana-136044,
Working as Junior Mechanic (MAE) (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
16. G.S. Shukla
S/o Shri Ram Daur Shukla
Aged about 58 years
R/o Vill. Mukundpur,
Post Mahuli Distt. Sant Kabir Nagar,
Uttar Pradesh-272172
Working as Workshop Instructor (MAE) Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
17. Arun Kumar Gaur
S/o Shri Deen Dayal Sharma
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Aged about 33 years
R/o H.No. 54, Jamdagni Niwas,
Extn. 2B, Street No. 3,
Nangloi, Delhi- 416000
Working as Senior Mechanic (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
18. Subhash Chand
S/o Late Shri Mangtu Ram
Aged about 58 years
R/o RZ 165, Dhram Pura, Karkola Road,
Najafgarh, New Delhi-110043
Working as Store Keeper (TSS), Group C,
G.B. Pant Engineering College,
Directorate of Training & Technical Education,
New Delhi.
19. Vedwanti
W/o Shri Ravinder Kumar
Aged about 43 years
R/o H.No. 86, Ashoka Appartment,
Block-A-2, Paschim Vihar,
New Delhi-110032
Working as Senior Mechanic (TSS), Group C,
Ch. Brahm Prakash Government Engineering College,
Jaffarpur, New Delhi
Directorate of Training & Technical Education,
New Delhi.
20. Abhishek Kumar
S/o Shri Surendra Kumar Pandey
Aged about 31 years
R/o H.No. 129, C Block,
Roshan Vihar, Part-2,
Najafgarh, New Delhi-110043
Working as Workshop Assistant, Group C,
Ch. Brahm Prakash Government Engineering College,
Jaffarpur, New Delhi
Directorate of Training & Technical Education,
New Delhi.
21. Rohit Kumar
S/o Shri Hari Shankar
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Aged about 35 years
R/o H.No. 171, Block - 2,
Sec-C, Albert Square DIZ Area
R.K. Ashram Marg, New Delhi-110001
Working as Workshop Assistant, Group C,
Ch. Brahm Prakash Government Engineering College,
Jaffarpur, New Delhi
Directorate of Training & Technical Education,
New Delhi.
22. Pawan Kumar
S/o Shri Dharam Singh
Aged about 35 years
R/o H.No. 1109/7, Jain Bagh Colony,
Gohana Road, Sonipat,
Haryana-131001,
Working as Junior Mechanic (TSS), Group C,
Ch. Brahm Prakash Government Engineering College,
Jaffarpur, New Delhi
Directorate of Training & Technical Education,
New Delhi.
23. Shiv Shankar
S/o Shri Parmanand Prasad
Aged about 29 years
R/o H.No. 95D, DDA Flats,
M.S. Park, Shahdara,
New Delhi-110032
Working as Senior Mechanic (TSS), Group C,
Ch. Brahm Prakash Government Engineering College,
Jaffarpur, New Delhi
Directorate of Training & Technical Education,
New Delhi.
24. Vikrant Kumar
S/o Shri Tara Chand
Aged about 35 years
R/o 147, Village Sultan Pur Dabas,
New Delhi-110039
Working as Senior Mechanic (TSS), Group C,
Ch. Brahm Prakash Government Engineering College,
Jaffarpur, New Delhi
Directorate of Training & Technical Education,
New Delhi.
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25. Jitender Gahlot
S/o Shri Jai Bhagwan Gahlot
Aged about 28 years
R/o RX-84/85, B-Block,
Maksudabad Colony, Najafgarh,
New Delhi-110043.
Working as Store Keeper (TSS), Group C,
Ch. Brahm Prakash Government Engineering College,
Jaffarpur, New Delhi
Directorate of Training & Technical Education,
New Delhi.
26. Murari Rai
S/o Gajendra Narayan Rai
Aged about 31 years
R/o D-2, Laxmi Gopal Mandir,
Madangiri, New Delhi-110062
Working as Workshop Instructor, Group C,
Ch. Brahm Prakash Government Engineering College,
Jaffarpur, New Delhi
Directorate of Training & Technical Education,
New Delhi.
27. Sunil Kumar
S/o Shri Dalbir Singh
Aged about 36 years
R/o H.No. 223, Sanik Nagar, Bahadurgarh-124507,
Working as Assistant Librarian, Group C,
Ch. Brahm Prakash Government Engineering College,
Jaffarpur, New Delhi
Directorate of Training & Technical Education,
New Delhi
28. Kuldip
S/o Shri Ram Kumar
Aged about 47 years
R/o RZ-221, Dharmpura Phase-1,
Najafgarh, New Delhi-110043
Working as Care Taker, Group C,
Ch. Brahm Prakash Government Engineering College,
Jaffarpur, New Delhi
Directorate of Training & Technical Education,
New Delhi. .. Applicants
(By Advocate: Shri Jaideep Singh)
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OA 1071/2019
Versus
1. Govt. of NCT of Delhi
Through Chief Secretary,
Delhi Secretariat,
I.P. Extension, Delhi
2. Secretary,
Directorate of Training and Technical Education,
Govt. of NCT of Delhi,
Muni Maya Ram Marg,
Pitampura, New Delhi-110088,
Through its Principal Secretary
3. Delhi Subordinate Services Selection Board,
Through its Chairman,
Govt. of NCT of Delhi,
F-18, Karkardooma,
Institutional Area, Delhi-92. .. Respondents
ORDER (ORAL)
By Mr. V. Ajay Kumar, Member (J) Heard Shri Jaideep Singh, learned counsel for the applicants.
2. MA No. 1192/2019 filed for joining together is allowed.
3. MA No. 1193/2019 filed for seeking exemption from filing original copies of the annexures is also allowed.
4. The applicants, 28 in number, who are working on contractual basis in different capacities under the respondents, having appointed on different dates in different years, filed the O.A. seeking a direction to the respondents to initiate the exercise of regularization of services of the applicants in the light of various 9 OA 1071/2019 judicial pronouncements including the judgment of the Hon'ble High Court of Bombay dated 19.10.2013 in W.P. (C) No.2046/2010 in Sachin Ambadas Vs. State of Maharashtra and judgment of a Division Bench of the Hon'ble High Court of Delhi in W.P.(C) 6798/2002 and batch in Sonia Gandhi and Others Vs. Government of NCT of Delhi & Others decided on 06.11.2013, which attained finality on 03.03.2016 in SLP Nos.31596- 31606/2014 and also the various orders passed by the Government of NCTD.
5. It is submitted that the above referred grievances of the applicants were ventilated vide Annexure A-12 (colly.), but the respondents have not passed any order thereon till date.
6. In the circumstances, the O.A. is disposed of, without going into the merits of the case, by directing the respondents to consider the claim of the applicants for regularization, duly keeping in view the above referred decisions, and to pass appropriate reasoned and speaking orders thereon, in accordance with law, within a period of 90 days from the date of receipt of a copy of this order. No costs.
Let a copy of the O.A. be enclosed to this order.
(ARADHANA JOHRI) (V. AJAY KUMAR) Member (A) Member (J) /Jyoti /