Ms. Neeru Kalher & Ors vs Delhi Skill And Entrepreneurship ... on 25 June, 2021

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Delhi High Court - Orders

Ms. Neeru Kalher & Ors vs Delhi Skill And Entrepreneurship ... on 25 June, 2021

Bench: Anup Jairam Bhambhani

                                                                             via Video-conferencing
                          $~23
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 6014/2021
                               MS. NEERU KALHER & ORS.                     ..... Petitioners
                                                Through: Ms. Rashmi Chopra with Ms.
                                                         Tejaswini, Advocates.
                                                versus
                               DELHI SKILL AND ENTREPRENEURSHIP UNIVERSITY &
                               ORS.                                        ..... Respondents
                                                Through: Mr. Zoheb Hossain, ASC & Mr.
                                                         Vivek Gurnani, Advocates for R-2 &
                                                         3.
                               CORAM:
                               HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                          ORDER

% 25.06.2021 CM APPL. 19020/2021(Exemption) Exemption is granted, subject to just exceptions; and subject to the applicant filing fair and typed copies of the Annexures within 01 week of resumption of physical functioning of the court.

The application stands disposed of.

W.P.(C) 6014/2021 The petitioners, who were thus far engaged as Master Trainers at respondent No. 1/Delhi Skill & Entrepreneurship University, on contractual basis since 2015, impugn notification/general instructions dated 08.06.2021 issued by respondent No. 2/Government of NCT of Delhi, whereby respondent No. 2 has advertised for filing 37 Nos. posts of Master Trainers at respondent No. 1 on contractual basis. Ms. Rashmi Chopra, learned Counsel appearing for the petitioner, submits that the petitioners have been Signature Not Verified Signed By:SUNITA RAWAT Location: Signing Date:26.06.2021 20:04:42 W.P.(C) 6014/2021 Page 1 of 3 contractual employees of respondent No. 1, which works under the aegis of respondent Nos. 2 and 3 since 2015 and have been diligently performing their duties, without any departmental inquiries or other proceedings pending against any of them. Ms. Chopra submits that it is settled law, that a contractual employee can only be replaced by a permanent employee but not by another contractual employee on substantially the same terms of employment; and that therefore the issuance of notification/general instructions dated 08.06.2021 is illegal. Counsel submits that thereby the petitioners would also now have to re-apply for the same contractual posts.

2. Issue notice.

3. Mr. Shivendra Singh learned Standing Counsel appears for respondent No.1; and Mr Zoheb Hossain, learned ASC appears for respondent No.2 and respondent No.3/Department of Training & Technical Education, on advance copy; accept notice; and seek time to file counter affidavit/status report.

4. Mr. Hossain points-out that the express terms of the petitioners' contractual employment had inter alia specified that their contract would be for a fixed tenure, though extendable on a year-to-year basis; and further that there was a specific contractual term which said that the contract shall stand terminated automatically upon expiry of the stipulated term if not extended prior thereto; and that the last extension of the petitioners' contract ended on 31.03.2021. Mr. Hossain submits that it is available to the petitioners to re-apply in terms of the general instructions dated 08.06.2021 if they wish to get a fresh contractual position at respondent No. 1, subject of course to fulfilling all eligibility criteria and based on their merit.

Signature Not Verified Signed By:SUNITA RAWAT Location: Signing Date:26.06.2021 20:04:42 W.P.(C) 6014/2021 Page 2 of 3

5. Let counter affidavit/status report be filed within 02 weeks; rejoinder affidavit thereto, if any, be filed within 01 week thereafter.

6. List before Roster Bench on 15th July 2021.

CM APPL. 19021/2021(Stay)

7. The petitioners seek stay of operation of notification/general instructions dated 08.06.2021.

8. Issue Notice.

9. Counsel as above, appear for respondent Nos. 1, 2 and 3 on advance copy; accepts notice; seek time to file reply.

10. Let reply be filed within 02 week; rejoinder thereto, if any, be filed within 01 week thereafter.

11. In the meantime, the petitioners may apply/re-apply for contractual engagement at respondent No. 1 under the impugned notification/general instructions dated 08.06.2021 without prejudice to their rights and contentions in the present proceedings. To address Ms. Chopra's apprehension, it is directed that counter affidavit/status report and replies shall be filed positively within the stipulated time; and the prayer for interim relief shall be considered on the next date of hearing.

12. List before Roster Bench on 15th July 2021.

ANUP JAIRAM BHAMBHANI (VACATION JUDGE) JUNE 25, 2021/ds Signature Not Verified Signed By:SUNITA RAWAT Location: Signing Date:26.06.2021 20:04:42 W.P.(C) 6014/2021 Page 3 of 3

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Delhi High Court - Orders