Central Administrative Tribunal - Delhi
Shailender Kumar vs North Delhi Municipal Corporation on 7 November, 2023
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O.A. No.1296/2017
Item No. 33 (C-3)
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 1296/2017
This the 7th Day of November, 2023
Hon'ble Mr. Tarun Shridhar, Member (A)
Hon'ble Mrs. Pratima K. Gupta, Member (J)
1.Shailender Kumar
S/o Raghbir Singh
Aged about 42 years
Assistant Teacher
Nigam Pratibha Co-Ed School,
Sultanpur Mazra, Rohini,
North Delhi Municipal Corporation,
New Delhi-86
2.Rajesh
S/o Subh Ram
Aged about 43 Years
Assistant Teacher
M.C. Primary School, Girls E-Block,
Sultanpuri, North Delhi Municipal Corpn.
Rohini, Delhi-86
3.Satish Kumar
S/oRan Singh
Aged about 41 Years
Assistant teacher
M.C. Primary School Nihal Vihar,
Rohini Zone Delhi
4.Gori Shankar
S/o Radhey Shyam
Aged about 44 Years
Assistant Teacher,
G-Block, Sultanpuri, Rohini,
North Delhi Municipal Corpn.
Delhi-86
5. Ram Singh
S/o Hanuman
Aged about 39 Years
Assistant Teacher,
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O.A. No.1296/2017
Item No. 33 (C-3)
MCPS Boys, G-Block, Sultanpuri,
North Delhi Municipal Corpn.
Delhi-86
6.Vinod Kumar
S/o Inder Singh
Aged about 40 Years
Assistant Teacher
MCPS Kirari-1, Rohini,
North Delhi Municipal Corpn.
Delhi-86
7.Seema
D/o Jai Prakash
Aged about 40 Years
Assistant Teacher
MCPS Prem Nagar, Rohini
North DMC, Delhi 86
8.Raj Rani
D/o Baljeet Singh
Aged about 36 Years
Assistant Teacher
MCPS (Girls), Nangloi Saidan
North Delhi Municipal Corpn.
Delhi-41
9.Surender Kumar,
s/o Mir Singh
aged about 36 years
Assistant Teacher
MCPS A-II Mongolpuri,
Rohini North Delhi Municipal Corpn.
Delhi-86
10. Kailash Kumari
D/o Kishan Chand
Aged about 45 years
Assistant Teacher
MCPS (girls)
J.J. Nangloi NO. -2, Rohini,
North Delhi Municipal Corpn.
Delhi-86
11.Asha
D/o Bharat Mochi
Aged about 45 years
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O.A. No.1296/2017
Item No. 33 (C-3)
MCPS, B-I Sultanpuri, Rohini,
North Delhi Municipal Corpn.
Delhi-86
12. Surender Kumar
S/o Rajendra Prasad
Aged about 37 years
Assistant Teacher
MCPS, B-1, Sultanpuri,
Rohini North Delhi Municipal Corpn.
Delhi-86
13. Sushma
D/o Rajendra Prasad
Aged about 34 years
Assistant Teacher
M.C.P.S, (girls),D-1 Sultanpuri, Rohini,
North Delhi Municipal Corpn.
Delhi-86
14.Savita Rani
D/o Ramphal
Aged about 39 years
Assistant Teacher, M.C.P Girls School,
D-1, Sultanpuri, Rohini Zone,
North Delhi Municipal Corpn.
Delhi-86
15. Anil Kumar
s/o Om Parkash
Aged about 39 years
Assistant Teacher M.C.P.S,
Prem Nagar-II Rohini,
North Delhi Municipal Corpn.
Delhi -86
16.Kishori Lal
s/o Yad Ram
aged about 42 years
Assistant Teacher M.C.P.S,(Boys),
Jwalapuri, Camp No.
North Delhi Municipal Corpn. Rohini,
Delhi-41
17.Praveen Kumar
s/o Zile Singh
aged about 41 years
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O.A. No.1296/2017
Item No. 33 (C-3)
Assistant Teacher M.C.P.S,
Phase-il, Block-C,Site-4
HolambiKalan, Narela,
North Delhi Municipal Corpn. Rohini,
Delhi-41
18. Kamlesh Kumari
D/o Om Prakash
aged about 43 years
Assistant Teacher M.C.P.S,
Bakner, (Girls), Narela,
North Delhi Municipal Corpn.
Delhi-40
19. Anil Kumar
s/o Hoshiar Singh
Aged about 43 years
Assistant Teacher
M.C.P.S, Mamurpur-ll,Narela,
North Delhi Municipal Corpn. Rohini,
Delhi-41
20. Anju
D/O Bhagwan Singh
aged about 38 years
Assistant Teacher M.C.P.Co.-Ed.School Kureni,
North DMC, Narela,
Delhi-41
21. Raman Kumar s/o
Ranbir Singh
Aged about 36 years
Assistant Teacher
M.C.P.S, Mundka-11 Narela,
North DMC,
Delhi-41
22.Surender
s/o Shamsher Singh
aged about 39 years
Assistant Teacher
M.C.P.S, Punjab Khore Narela,
North DMC, Delhi-41
23. Ashok Kumar
s/o Manohar Lal
Aged about 40 years
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Item No. 33 (C-3)
Previously:- Assistant Teacher
MCPS Narela Mandi-II,
Narela, North DMC,
Delhi-41
Presently:- SBV No-2, Narela
24.Kiran Devi
d/o Manohar Lal
Aged about 40 years
Assistant Teacher
M.C.P.S, Sector A-10, Pocket-7,
Narela, North DMC, Delhi-41
25. Manju Bala Tanwar
d/o Sube Singh
aged about 39 years
Assistant Teacher M.C.P.S, Sector A-10,
Pocket-7, DDA, Narela North DMC, Delhi-41
26. Devender Kumar
s/o Rati Ram
aged about 38 years
Assistant Teacher
Previously:-MCPS S.B.V-2,
Pocket-B, Metro Vihar Holambi Kalan,
Delhi Narela, North DMC,
Delhi-41 Presently:-S. B.V. No.-2 Narela
27. Rekha Devi d/o Om Parkash aged about 38 years Assistant
Teacher M.C.P.S, J.J.Nangloi E-I, Narela, North DMC Delhi-41
28.Jagwanti
d/o Rattan Singh
aged about 40 years
Assistant Teacher M.C.P.S,
J.J.Nangloi E-1, Narela,
North DMC Delhi-41
29.Meenu
d/o Hem Raj
aged about 37 years
Assistant Teacher M.C.P.S, J.J.Nangloi
E-4, Narela, North DMC
Delhi-41
30. Ravinder
s/o Surajbhan
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O.A. No.1296/2017
Item No. 33 (C-3)
aged about 40 years
Assistant Teacher
M.C.P.S Alipur Boys, Narela,
North DMC,
31. Poonam Rani
d/o Om Prakash
aged about 37 years
Assistant Teacher
M.C.P.S Bhorgarh-1 Narela,
Delhi-41
32. Ravinder
s/o Satbir
aged about 39 years
Assistant Teacher
M.C.P.SJJ.Nangloi-1/11,
Narela, North DMC,
33.Rajesh
S/o Hari Singh
aged about 43 years
Previously:-Assistant Teacher
M.C.P.S (Boys), G Block,
Sultanpuri, Rohini, North DMC Delhi-86
Presently:-GSBV-H Block Sultanpuri
34. Vinod Kumar
s/o Randhir Singh
aged about 39 years
Previously:- Assistant Teacher,
M.C.P.S, R-II, Mangolpuri Rohini,
North DMC, Delhi-86 Presently:
GBSSS, S.P. Road, Nanglol Delhi-41-
35. SatishChander
s/o Nafe Singh
aged about 37 years
Presently :- TGT,
GBSSS No. 2, J.J. Colont Bawana
Previously:- Assistant Teacher
MCPS (Boys) Bakner Narela,
North DMC, Delhi-41
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Item No. 33 (C-3)
36. Saroj Kumari
d/o Niranjan Singh
aged about 39 years
Previously:-Assistant Teacher
M.C.P.S, J.J.Nangloi, Narela,
North DMC Presently: TGT G.S.Co.-Ed.S.
Rani khera
37.Sumanlata
d/o Raghunath
aged about 41 years
Assistant Teacher,
M.C.P.S, Rameshwar Nagar Civil Line Zone,
North DMC Delhi-18
38.Amarjeet Singh
s/o Munshi Ram
aged about 41 years
Assistant Teacher
M.C.P.S (Boys) L-Block Mangolpuri,
Rohini North DMC, Delhi-41
39.Anil Kr. Jatav
s/o Roop Kishor Jatav
aged about 38 years
Assistant Teacher,
M.C.P.S (Boys) E-Block Mangolpuri,
Rohini North DMC, Delhi-86
40.Kavita Kumari,
d/o Dayanand Rana
Aged about 38 years
Assistant Teacher
M.C.P.S (Girls), Sector-24 Rohini,
North DMC, Delhi
41. Babita
d/o lai Narain
Aged about 36 years
Assistant Teacher M.C.P.S (Girls)
Sector-4 B-Block, Rohini. North DMC,
Delhi
42. Balwan Singh
S/0 Banwari Lal
aged about 45 years
Assistant Teacher,
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O.A. No.1296/2017
Item No. 33 (C-3)
M.C.Pry. Co-Ed, School RajPark, Rohini
North DMC, Delhi-86
43. Dhruv Singh
s/o Thakurya
aged about 36 years
Assistant Teacher, M.C.P.S 1-11,
Mangolpuri Rohini, North DMC,
Delhi-86
44. Ashok Kumar Nawaria
S/o Kistur Chand Nawaria
aged about 39 years
Assistant Teacher,
M.C.P.S, Sector-20, Extn Rohini,
North DMC, Delhi
45. Shiv Kumar
aged about
Assistant Teacher,
M.C.P.S Q-11,
Mongolpuri Rohini,
North DMC, Delhi-86
46. Seema Alaria
D/o Bajrang Lal Alaria
aged about 40 years
Assistant Teacher, M.C.P.S (Girls)
Nangloi inner Rohini, North DMC
47. Dinesh Kumar
S/o Ishwar Singh
aged about 43 years
Assistant Teacher,
M.C.P.S. E-5-11, J.J. Colony
Bawana Narela, Delhi-41,
North DMC
105
48.Ritu Saini
D/o Jagdish Chand
aged about 38 years
Assistant Teacher,
NPV HU Block Pitampura
North DMC, Rohini, Delhi-
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O.A. No.1296/2017
Item No. 33 (C-3)
49.Renu
D/o Ram Prasad Khatri
aged about 37 years
Assistant Teacher,
NPV, GP Block, Pitampura,
Rohini, North DMC, Delhi
50. Chetna Kumari
D/O K.G. Kumare
aged about 36 years
Assistant Teacher,
M.C.P.S (Girls) I-Block,
Shakurpur, Civil Line Zone
North DMC, Delhi-
51. Mukesh
s/o Raghubir Singh
aged about 40 years
Assistant Teacher,
M.C. Pry. Co.-Ed. School Sector-18, Rohini
North DMC, Delhi
52. Ashok Kumar
S/o Hanuman Singh
aged about 38 years
Assistant Teacher,
M.C.P.S (Boys)
Nangloi No.2, Rohini,
North DMC, Delhi
53.Kartik Gahlaut
D/o Tasvir Singh Gahlaut
aged about
Assistant Teacher
M.C.P.S (Girls)
Shahbad Daulatpur Rohini,
North DMC Delhi
54.Rajesh Kumar
s/o Bansi Lal
aged about 40 years,
Assistant Teacher
M.C.P.S.E-1, Sultanpuri Rohini,
North DMC Delhi-86
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O.A. No.1296/2017
Item No. 33 (C-3)
55.Kailash Kumar
s/o Jagdish Prasad
aged about 36 years,
Assistant Teacher
M.C.P.S. E-1,
Sultanpuri Rohini,
North DMC Delhi-86
56.Hansraj
S/o Chandgi Ram
aged about 42 years,
Assistant Teacher
M.C.P.S. E-I, Sultanpuri Rohini,
North DMC Delhi-86
57.Jitender Kumar
S/o Banarsi Dass
aged about 48 years,
Assistant Teacher
M.C.P.S (Girls), School Nithari No.1,
Rohini, North DMC, Delhi -86
58.Anil Kumar
s/o Ram Singh
aged about 42 years,
Assistant Teacher M.C. Primary School,
Desu Colony, Narela NDMC,
Delhi-110040
59.Udham Singh
S/o Balbir aged about 39 years
Assistant Teacher
M.C. Primary School,
Phase-11, Block-C, site-IV,
HolambiKalan, Narela NDMC,
Delhi
60. Gulshan Kumar
Aged about 44 years
Assistant Teacher
M.C Pry. Boys School
Prem Nagar, Rohini Zone,
NDMC
61. Ashok Kumar
S/o Raghubir Singh
aged about 44 years
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Item No. 33 (C-3)
Assistant Teacher
M.C.Pry. Boys School Sri Nagar Old,
Rohini North D.M.C.
62. Santosh Kumari
D/o Mohan Lal
aged about 37 years
Assistant Teacher Nigam
Pratibha Vidhyalaya A-1 Sultanpuri,Rohini
North D.M.C.
63. Satbir Singh
s/o Hukum Chand
aged about 37 yrs
Assistant Teacher
M.C.P.S. Phase-2 Block-C, site-3,
Holambi, Kalan, Narela,
Delhi-110082
64.Surender Singh
S/o Zile Singh
Aged about 44 yrs
Assistant Teacher
MCPS-E-5/11, J.J. Colony Bawana,
Narela, NDMC, Delhi-82
65. Vinod Kumar
Chamel Singh
Aged about 43 yrs
Assistant Teacher M.C.P.S,
Mamurpur, Narela, NDMC,
New Delhi-82
66. Bimla Devi
D/o Shri Om Prakash
Aged about 38 yrs
Previous School- M.C.Pry. School Sultanpuri
F-1, Rohini, NDMC Present School-
G.S.K.V. H.Block, Sultanpuri,
Delhi-110086
67. Akhil Dilli Prathmik
Shikshak Sangh (Regd.)
A Representative body of the
Primary School Teachers in Delhi
Through, its General Secretary
R.C. Dabas at Jagdish Mishra
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Item No. 33 (C-3)
Shikshak Bhawan 41, Institutional Area,
D-Block Janakpuri,
New Delhi -58
....Applicant
(By Advocate : Mr.Ranjit Sharma)
VERSUS
1. Municipal Corporation of Delhi,
Through the Commissioner
At SP Mukherjee Civic Centre,
J.L.N Marg, New Delhi-2
2. The Director of Education,
Municipal Corporation of Delhi,
At SP Mukherjee Civic Centre,
J.L.N Marg, New Delhi-2
.... Respondents
(By Advocate : Mr.Saurabh Sharma for Ms. Anupama Bansal and Mr.
Amit Sinha)
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O.A. No.1296/2017
Item No. 33 (C-3)
ORDER (ORAL)
Hon'ble Mr. Tarun Shridhar, Member (A) The applicant seeks the following relief(s):
"i. direct the respondents to count the applicants notional service for their promotion to the next post and next grade under the MACP scheme and grant the benefit 1st MACP in terms of order dated 06.03.2017 (Annexure A/7) And ii. direct the respondents 1 & 2 to release the difference of arrears of increments to the applicants from the date of their joining duty.
And/or iii. Pass such other order/s as may be deemed fit and proper."
2. Learned counsel appearing on behalf of the Municipal Corporation of Delhi (MCD) draws attention to para 4 of the reply filed by her on 12.07.2019. The said para reads as under:
"4. That it is submitted in pursuance of judgement in OA No.938/2013, GPF Number has been allotted to Sh. Shailender Kumar and Others. Similarly, pay fixation order and notional seniority have also been given vide this office order No.D/3491/DDE/RZ dated 5.8.2015 w.e.f. 1.7.2003. Now, the department is in the processs of awarding MACP and for the same specific order is being obtained from Headquarter. As and when the same will be received, MACP will be awarded in parity with the case of "Lalit Kumar and Others Vs. MCD and others" in OA No.1795/2011."
3. Although the said reply is not on record, considering that the matter has been lingering on we have obtained a copy of the same from the learned counsel while recording the above. It is curious that the respondents 14 O.A. No.1296/2017 Item No. 33 (C-3) have undertaken the process for award of MACP to the applicant by giving him the benefit of notional service but the process has not culminated into any finality even after a lapse of nearly four years.
4. On the other hand learned counsel for the applicant draws attention to another order dated 31.08.2022 wherein the Dy. Director of Education, Najafgarh Road has clarified that notional service shall not be counted for determining the eligibility for grant of MACP. This direction runs contrary to the assertion made in para 4 of the counter reply referred by the learned counsel for the respondents. We also find that the order passed by the Dy. Director Education has been put to challenge in OA 2973/2022 and the operation thereof has been stayed.
5. Mr. Amit Sinha, learned counsel for the respondents has placed before us a judgment of a Coordinate Bench of this Tribunal in O.A. No. 1986/2011 in which, he submits, in identical circumstances the Tribunal had decided that benefit of notional services cannot be given for determining qualifying service for grant of financial upgradation under MACP Scheme. He submits that in view of the categorical finding of the orders of the Tribunal the 15 O.A. No.1296/2017 Item No. 33 (C-3) benefit of the same upgradation cannot be extended in favor of the present applicant.
6. On the other hand, Mr. Ranjit Sharma, learned counsel for the applicant submits before us a judgment of another Bench of this Tribunal dated 11.05.2022 in which it has been held that benefit of notional service cannot be denied and if denied, the whole purpose of giving notional seniority gets defeated.
7. We have two contrary judgments before us. However, we find that the judgment being relied upon by the learned counsel for the respondents was put to challenge by way of a W.P.(C) No. 3534/2012 which was allowed and the order of the Tribunal was quashed on 19.12.2013.
8. Since the issue at stake has already been conclusively adjudicated upon as recorded in the preceding paragraph, there is no cause before us for taking a divergent view. Further, we have no doubt in our mind that if the benefit of the years rendered as notional service is denied for computing the qualifying service for MACP, the whole concept of notional benefit gets defeated. We also take note of the fact that the only benefit which a notional service 16 O.A. No.1296/2017 Item No. 33 (C-3) denies is the actual financial payment during the period of notional service. It is not in dispute that the notional service is for all other purposes, including seniority. We fail to understand, as to how in these circumstances, the same has not been computed for determining the qualifying service for financial up-gradation in the MACP.
9. In the light of what has been detailed and discussed above, the present Original Application is allowed. The competent authority amongst the respondents is directed to give the benefit of notional service rendered by the applicants for determining the qualifying service to further determine their entitlement of financial upgradation, of course subject to their meeting other conditions attached to MACP scheme.
10. The competent authority amongst the respondents, to give effect to these directions, shall pass an appropriate order with respect to the claim and entitlement of the applicants within a period of eight weeks from the date of the receipt of a copy of this order. It is made clear that all the consequential benefits including, but not restricted to, release of the financial dues along with arrears shall also be extended in favor of the applicants within this period of eight weeks.
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11. The O.A. stands allowed against the background of these directions. Under the facts and circumstances, there shall be no order as to cost.
(Pratima K. Gutpa) (Tarun Shridhar)
Member (J) Member (A)
/RUDRA/