Central Administrative Tribunal - Delhi
Rajender Pershad Bhardwaj vs Govt. Of Nctd on 20 September, 2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No. 2200/2019
This the 20th day of September, 2019
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. Mohd. Jamshed, Member (A)
Rajender Pershad Bhardwaj,
Workshop Superintendent,
Group 'A',
Aged about 60 years,
S/o. Late Sh. Giani Ram Sharma,
R/o. House No. 156-157, First Floor,
Pocket 10B, Sector-23,
Rohini, New Delhi-110 085.
O/o. Aryabhatt Institute of Technology,
G.T. Karnal Road, Delhi-110 033. ...Applicant
(By Advocate : Mr. M. K. Bhardwaj)
Versus
1. Govt. of NCT of Delhi,
Through its Chief Secretary,
I.P. Estate, New Secretariat, Players Building,
New Delhi.
2. The Principal Secretary,
Department of Training & Technical Education
Muni Maya Ram Marg,
Pitampura, Delhi-110 088.
3. The Director,
Department of Training & Technical Education
Muni Maya Ram Marg,
Pitampura, Delhi-110 088.
2
O.A No. 2200/2019
4. The Principal
Aryabhatt Institute of Technology,
G.T. Karnal Road, Delhi-110 033.
5. The Chairman,
All India Council for Technical Education,
Govt. of India,
Nelson Mandela Road,
Vasant Kunj, New Delhi. ...Respondents
(By Advocate : Mr. Amit Anand and Mr. Gyanendra Singh)
O R D E R (ORAL)
Justice L. Narasimha Reddy, Chairman :
The subject matter of this O.A is same as the one in O.A No. 1861/2019. The question involved is as to whether the Workshop Superintendent (WS) in the Polytechnic under the Delhi Administration are entitled to continue in the service up to the age of 65 years on par with the Lecturers. This issue was decided in favour of the applicant in O.A No. 1861/2019.
2. Though, the learned counsel for respondents has sought time, we are of the view that this O.A can be disposed of in terms of O.A No. 1861/2019, particularly, when the applicant is due to retire on 30.09.2019, if the relief is not extended.
3. We, therefore, allow the O.A and direct the respondents to continue the applicant in service till he attains the age of 65 years. This however, shall be subject 3 O.A No. 2200/2019 to the condition that, in case the 5th respondent issues a clarification to the effect that the equation of the post of WS shall be subject to the WS holding the qualification stipulated for the post of Lecturer, the applicant shall be liable to be retired from the date of receipt of such a clarification, if any. It is made clear that the applicant shall not be entitled to any back wages but shall be entitled to the benefit of continuity of service.
There shall be no order as to costs.
(Mohd. Jamshed) (Justice L. Narasimha Reddy) Member (A) Chairman /Mbt/