Central Administrative Tribunal - Delhi
Aditya Sarkar vs Govt. Of Nctd on 13 August, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A No. 2020/2018
M.A No. 3230/2018
New Delhi, this the 13th day of August, 2018
Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Ms. Aradhana Johri, Member (A)
1. Aditya Sarkar, S/o Alok Sarkar, Aged about 35 Years,
R/o Flat D90, Sec 27, Noida, UP. 201301, working as
lecturer, Group A, Meera Bai Institute of Technology, New
Delhi.
2. Priyam Kumar, Sh Ramji Modi, Aged about 30 Years, R/o
33/56 Room No-107 Katwaria Sarai New Delhi-16
working as Lecturer, Group A, Pusa Institute of
Technology, Pusa New Delhi -110012.
3. Vikas Yadav, S/o Sh Rajpal Yadav, Aged about 29 Years,
R/o 49-A Platinum Enclave sec-18 Rohini, Delhi-110089,
working as Lecturer, Group A, Pusa Institute of
Technology, Pusa New Delhi -110012.
4. Vikas Kumar, S/o Sh Ramprakash, Aged about 28 Years,
R/o 43-A Gali no-10 Shiv Vihar Uttam Nagar New delhi-
59, working as Lecturer, Group A, Pusa Institute of
Technology, Pusa New Delhi -110012.
5. Tarun Kumar, S/o Sh Rajinder Singh Aged about 29
Years, R/o H. No. 229 Sec-4 Rohtak-01 Haryana,
working as lecturer, Group A, PUSA, New Delhi.
6. Pankaj Singh, S/o Sh Prempal Singh, Aged about 35
Years, R/o R/o R-371 Jawlapuri Pashim Vihar, New
Delhi - 87, working as Lecturer, Group A, Pusa Institute
of Technology, Pusa, New Delhi -110012.
2
O.A No. 2020/2018
7. Sharndeep, W/o S. Amandeep Singh Grewal, Aged about
35 Years, R/o EA-41, 2nd Floor, inderpuri, Near IARI, New
Delhi- 110012, working as Lecturer, Group A, Pusa
Institute of Technology, Pusa New Delhi -110012.
8. Mamta Rani, W/o Shri Radhe Shyam, Aged About 35
Years, R/o RA-52 B Ground Floor Inderpuri New delhi-12
working as Lecturer, Group A, Pusa Institute of
Technology, Pusa New Delhi -110012.
9. Babita Bhardwaj, W/o Shri Dinesh Chand, Aged about
41 years, R/o B-41 UGF, Anoop Nagar, Uttam Nagar,
New Delhi-110059, working as Lecturer, Group A, Pusa
Institute of Technology, Pusa New Delhi -110012.
10. Sarita Khanna, W/o Dr. Manoj Kumar Khanna,
aged about 43 years, R/o B-6/18 Model towan, Delhi -
110009, working as lecturer, Group A, Science and
Humanities, Pusa Institute of Technology, Pusa New
Delhi -110012.
11. Sundeep Rajain, S/o Sh. P.S.Rajan, aged about 39
Years, R/o 39-D Evershine Apartments, Block-D, Vikas
Puri, Delhi working as lecturer, Group A, Science and
Humanities, Pusa Institute of Technology, Pusa New
Delhi -110012.
12. Swati Jain, W/o Dr. Kapil Jain, Aged about 40
years, R/o Flat 56, Pocket 2, Dwarkadheesh Apartment,
Sector 12, Dwarka, New Delhi-110075, working as
Lecturer, Group A, Pusa Institute of Technology, Pusa
New Delhi -110012.
13. Naveen Kumar, S/o Sh Kanwar Pal, Aged about 27
years, R/o VPO-Jaitpur, Teh-Buhana, Dist-Jhunjhu
Rajasthan - 333034, working as Lecturer, Group A,
Mechanical Engineering, Pusa Institute of Technology,
Pusa New Delhi -110012.
14. Nikhil Kushwaha, S/o Sh Virendra Kushwaha, Aged
about 32 years, R/o 121 J Extension Laxmi Nagar, Delhi-
110092, working as Lecturer, Group A, Pusa Institute of
Technology, Pusa New Delhi -110012.
3
O.A No. 2020/2018
15. Parul Aggarwal, D/o Sh P.K Gupta, aged about 30
years, R/o 1306/A Street No-90 Tri Nagar, Delhi-110035,
working as Lecturer, Group A, Pusa Institute of
Technology, Pusa New Delhi -110012.
16. Vikrant Mani, S/o Sh Suryakant Mani, Aged about
29 years, R/o F-93 Katwaria Sarai Near Shiv Mandir,
Hauz Khas, New Delhi-16, working as Lecturer, Group A,
Pusa Institute of Technology, Pusa New Delhi -110012.
17. Raghunandan B.V, S/o Shri Vijay Kumar, Aged
about 31 Years, R/o B-1/93 Janakpuri East New Delhi-
58, working as Lecturer, Group A, Pusa Institute of
Technology, Pusa New Delhi -110012.
18. Amandeep Kaur, W/o Sachin Singh Bali, Aged
about 34 Years, R/o KG-2/348, LIG Flats, Vikaspuri,
New Delhi-110018, working as Lecturer, Group A,
Kasturba Institute of Technoloy, Muni Maya Ram Narg,
Pitampura, Delhi - 110088.
19. Abhishek Sharma, S/o Sh. Shyamlal Sharma, Aged
about 28 Years, R/o H.No-1717/29, Surat Nagar-I,
Gurgaon, Near Railway Station Gurgaon, working as
Lecturer, Group A, Pusa Institute of Technology, Pusa,
New Delhi -110012.
20. Aashish Kumar, S/o Dharampal Mogha, Aged about
28 years, R/o RZ-670/314, Gali No-6F, Geetanjali Park
West Sagarpur, New Delhi-46, working as Lecturer Group
A, (Electronic & Communication deptt), Pusa Institute of
Technology, Pusa New Delhi -110012.
21. Monika Garg, W/o Sh. Manoj Kumar Garg, Aged
about 38 Years, R/o 9901, Sec-C-9 Vasant Kunj, New
Delhi-70, working as Lecturer, Group A (Electronic &
Communication Engineering), at Rajokari Institute of
Technology, Rajokari, Delhi - 110038, Pusa Institute of
Technology, Pusa New Delhi -110012.
22. Moh Owais Qidwai, S/o. Z.A. Qidwai, Aged about 30
years, R/o G 65, Abul Fazal Enclave, Jamia Nagar, New
Delhi-110025, working as Lecturer, Group A, Govind
Ballabh Pant Institute of Technology, Okhla Industrial
Estate, Phase III, New Delhi 110020.
4
O.A No. 2020/2018
23. Prashant, S/o Sh Narender Kumar, Aged about 31
years, R/o C/85 Mohammad Pur, R.K. Puram, New
Delhi-110016, working as Lecturer, Group A, Under the
Deptt. Of Training and Technical Education, Muni Maya
Ram Marg, Pitampura, Delhi - 110088.
24. Karunish Maggo, S/o Sh. Rajesh Maggo, Aged about
29 years, R/o 17/4 Subash Nagar, New Delhi - 110027,
working as Lecturer, Group A, Pusa Institute of
Technology, Pusa New Delhi -110012.
25. Ms. Urmila, D/o Sh. Virendra Singh, aged about 29
years, R/o E-51 2nd Floor, Zhilmil Colony, Near Vivek
Vihar Delhi - 110095 working as a lecturer, Group A,
Govind Ballabh Pant Institute of Technology, Okhla
Industrial Estate, Phase III, New Delhi, Delhi-110020.
26. Sanjay Kumar, S/o Bir Singh, aged about 34 years,
R/o Villaged Sangohi, Post Office Sangoha Distt. Karnal
State Haryana Pin-132001 working as a lecturer, Group
A, Govind Ballabh Pant Institute of Technology, Okhla
Industrial Estate, Phase III, New Delhi, Delhi-110020.
27. Monika Verma, D/o Sh Ramesh Chander, Aged
about 34 years, R/o N-556, Sec-8, R. K. Puram, New
Delhi-22, working as Lecturer, Group A, Pusa Institute of
Technology, Pusa New Delhi -110012.
28. Haris Kr. Yadav, S/o Brahmanand Yadav, Aged
about 31 years, R/o RZ-1079, Gali No-5/7, Main
Sagarpur Delhi-46, working as Lecturer, Lecturer
(Electronic & Communication dett) Group A, Pusa
Institute of Technology, Pusa New Delhi -110012.
29. Antima Jain, D/o Amit Jain, Aged about 36 Years,
R/o. 895, C-5 Ward No-8, New Delhi-30, working as
Lecturer, Group A, Rajokari Institute of Technology,
Rajokari, Delhi - 110038.
30. Satyaveer Singh, S/o Shri R. B. Singh, Age: 33
years, Address: 2663/A, First Floor Main Bazar,
Shadipur, Delhi-08, working as Lecturer, Group A, Bhai
Parmanand Institute of Business Studies Shakarpur
Delhi-92.
5
O.A No. 2020/2018
31. Rinkle Aswani, D/o O.P Lalwani, Age: 38 years,
Address: G-16/11, Second Floor, Malviya Nagar, New
Delhi-110017, Working as Lecturer, Group A, Bhai
Parmanand Institute of Business Studies, Shakarpur
Delhi-92.
32. Priyanka, D/o Vijay Kumar, Age: 30 years, Address:
926 B, First Floor, Street No.8, Govindpuri, Kalkaji,
Delhi-19, working as Lecturer, Group A, Bhai Parmanand
Institute of Business Studies, Shakarpur Delhi-92.
33. Pratibha Singh, D/o Ompal Singh Yadav, Age: 30
years, Address: H.No-633, Sector-9 Gurgaon, working as
Lecturer, Group A, Bhai Parmanand Institute of Business
Studies, Shakarpur, Delhi-92.
34. Dr. Shweta Bajaj, D/o Mr. J.K. Kapoor, Aged 40
Years, R/o H. No. 34, 1st Floor, H.I.G. Vaishali, Sector-4,
Ghaziabad, U.P., working as Lecturer, Group A, Meerabai
Institute of Technology, Maharani Bagh, New Delhi -
110065.
35. Mrs. Kumud Uniyal, D/o Mr. N.P. Tripathi, Aged
about 39 Years, R/o 20-A, Pocket - A, Phase 3, Ashok
Vihar, Delhi-110052, working as Lecturer, Group A
Meerabai Institute of Technology, Maharani Bagh, New
Delhi - 110065.
36. Jagdish Prasad, S/o Dharmvir Singh, Aged about
38 years, R/o H. No. 72/2, Gali No. 2, Lakhpat Colony -
I, Meethapur, Badarpur, New Delhi - 110044, working as
Lecturer, Group A, Meerabai Institute of Technology,
Maharani Bagh, New Delhi - 110065.
37. Nidhi Chawla, D/o C. D Chawla, Aged about 30
Years, R/o 472 Sector 15, Sonipat Harayana, working as
Lecturer, Group A, Ambedkar Institute of Technology
Shakarpur, Delhi - 92.
38. Purnima Pathak, D/o Jai Prakash Pathak, Aged
about 37 Years, R/o 94 C, Pocket 12, Jasola Vihar, New
Delhi- 110025, working as Lecturer, Group A, Meerabai
Institute of Technology, Maharani Bagh, New Delhi -
110065.
6
O.A No. 2020/2018
39. Dr Naveen Bharat, S/o Sh. Jagram Yadav, Aged
about 39 Years, R/o 77-Hasanpur, Najafgarh, New Delhi-
110073, P.O. Ujwa, working as Lecturer, Group A, in
Integrated Institute of Technology Dwarka, Sector - 09,
Delhi - 110077.
40. Dr. Divya Goel, D/o Sh. Suresh Kumar, Aged about
38 years, R/o C-85, Classic Aptts., Sec-22, Dwarka, New
Delhi-110077, working as Lecturer, Group A, in
Integrated Institute of Technology Dwarka, Sector - 09,
Delhi - 110077.
41. Mr. Krishan Kumar Singh, S/o Sh. Ram Avtar
Singh, Aged about 43 years, R/o Flat No. 22, Pocket 13,
Sec-22, Rohini, New Delhi-110086, working as Lecturer,
Group A, in Integrated Institute of Technology, Dwarka,
Sector - 09, Delhi - 110077.
42. Mr. Niranjan Kumar, S/o Sh. Upendra Narayan
Singh, Aged about 32 Years, R/o RZ-I/39, Gali No 02,
West Sagarpur, New Delhi-110046, working as Lecturer,
Group A, in Integrated Institute of Technology Dwarka,
Sector - 09, Delhi - 110077.
43. Chandan Kumar, S/o S.B. Prasad, Aged about 32
years, R/o A-436 Ist Floor Ganesh Nagar - 2 Shakarpur
Delhi - 110092, working as Lecturer, Group A, Meera Bai
Institute of Technology, New Delhi- 110065.
44. Ms. Sheetal Chandela, D/o Sh Sewa Ram Chandela,
Aged about 32 Years, R/o Flat No 267, DDA, SFS Flats,
Pocket-I, Dwarka Sec-09, working as Lecturer, Group A,
in Integrated Institute of Technology Dwarka, Sector - 09,
Delhi - 110077.
45. Anamika, D/o R.P. Singhal, Aged about 35 Years,
R/o 2309, Lane No. 5, Bihari Colony, Shahadra, Delhi
32, working as lecturer, Group A, Meera Bai Institute of
Technology, Maharani Bagh, New Delhi.
46. Ms Vijay Lakshmi, D/o Sh. Moti Chandra Jaiswal,
Aged 33 years, R/o 1092, GF, Akshardham Apartment,
Pocket 3, Sec-19, Dwarka, New Delhi-75, working as
Lecturer, Group A, in Integrated Institute of Technology
Dwarka, Sector - 09, Delhi - 110077.
7
O.A No. 2020/2018
47. Ms Jyoti Sharma, D/o Rishi Prakash, Aged about
32 Years, R/o H. No. 318, Sec-23, Sonepat-131001,
Haryana, working as Lecturer, Group A, in Integrated
Institute of Technology Dwarka, Sector - 09, Delhi -
110077.
48. Ms Faraha Ahmed, D/o Dr M.M.Ansari, Aged about
34 Years, R/o 1068, Rajnigandha Aptt., 4, Sector 10,
Dwarka New Delhi-110075, working as Lecturer, Group
A, in Integrated Institute of Technology Dwarka, Sector -
09, Delhi - 110077.
49. Mr Fasih Ahmed, S/o Md. Jamaluddin, Aged about
37 years, R/o 2688/29, 3rd Floor, Flat No 14,
Tughlakabad Extn., New Delhi-19, working as Lecturer,
Group A, in Integrated Institute of Technology Dwarka,
Sector - 09, Delhi - 110077.
50. Ruchika Singh Malyan, D/o P.S. Nayyer, Aged
about 30 Years, R/o WP-402, Wazirpur Village, Ashok
Vihar, New Delhi - 110052, working as lecturer, Group A,
Meera Bai Institute of Technology, New Delhi.
51. Monika Sareen, D/o Ramesh Chander Sareen, Aged
about 42 Years, R/o A-18 Raksha Kunz, Paschim Vihar,
New Delhi - 110063, working as lecturer, Group A, Meera
Bai Institute of Technology, New Delhi.
52. Dr. Babita Singh, D/o H. R. Singh, aged about 40
years, R/o H.No.65, Patpar Ganj, Village Mayur Vihar
Phase-1, Delhi -110091 working as a lecturer, Group A,
Meerabai Institute of Technology, Maharani Bagh New
Delhi.
53. Kalpana Tomar, D/o Ompal Singh Tomar, aged
about 33 years, R/o H.No.1/4649/96, A New Modern
Shahdara, Delhi -110093 working as a lecturer, Group A,
Meerabai Institute of Technology, Maharani Bagh, New
Delhi, Delhi-110065.
54. Naveen Kumar Munjal, S/o Bishamber Nath, Aged
about 29 Years, R/o A-3/ 94, 95, Ground Floor, Sector
16, Rohini, working as Lecturer, Group A, Guru Nanak
Dev Institute of Technology, Sector - 15, Rohini, Delhi
110089.
8
O.A No. 2020/2018
55. Prabal Kumar, S/o Sh. Adi Ram, Aged about 35
Years, R/o H.No.-240-A, IInd Floor, Haiderpur, New
Delhi-110088 working as lecturer, Group A, Guru Nanak
Dev Institute of Technology, Sector - 15, Rohini, Delhi
110089.
56. Rajesh Kumar Chawla, S/o Sh. Ram Swaroop, aged
about 36 Years, R/o E4/92, FF, Sector-16, Rohini, New
Delhi-89 working as lecturer, Group A, Guru Nanak Dev
Institute of Technology, Sector - 15, Rohini, Delhi
110089.
57. Shaveta Goyal, W/o Sh. Rajesh Kumar, aged about
36 years, R/o B-2/117, SF, Sector-16, Rohini, New
Delhi-89, working as lecturer, Group A, Guru Nanak Dev
Institute of Technology, Sector - 15, Rohini, Delhi
110089.
58. Akhilesh Kumar, S/o Sh. Shree Ram Singh, Aged
about 29 years, R/o 28A/11, 2nd Floor, Jia Sarai, Hauz
Khas, N.Delhi-110016, working as lecturer, Group A,
Guru Nanak Dev Institute of Technology, Sector - 15,
Rohini, Delhi 110089.
59. Ridhima Sardana, W/O Sh. Saurabh Sardana, aged
about 31 Year, R/o F-2/22, Sector-15, Rohini, New Delhi
-89, working as lecturer, Group A, Guru Nanak Dev
Institute of Technology, Sector - 15, Rohini, Delhi
110089.
60. Komal W/o Sh. Jatin Verma, Aged about 30 Years,
Flat 17, Type 4, Residential Flats, Kasturba, Pitampura-
88, working as lecturer, Group A, Guru Nanak Dev
Institute of Technology, Sector - 15, Rohini, Delhi
110089.
61. Seemab Ahmad, S/o Sh. Hamid Akhter, Aged about
28 Years, R/o H. No. B-520, First Floor, Waiver's Colony,
Bharat Nagar, Ashok Vihar, N.Delhi-110052, working as
lecturer, Group A, Guru Nanak Dev Institute of
Technology, Sector - 15, Rohini, Delhi 110089.
62. Pooja Bansal, W/o Mr. Sandeep Bansal, Aged about
38 Years, R/o B-34,Vandana Apts, Sector-13, Rohini,
New Delhi-89, working as lecturer, Group A, Guru Nanak
Dev Institute of Technology, Sector - 15, Rohini, Delhi
110089.
9
O.A No. 2020/2018
63. Pooja Kaul, W/O Sh. Munesh Thusoo, Aged about
37 years, R/o D-7/45, Sector-15, Rohini, N.D-89,
working as lecturer, Group A, Guru Nanak Dev Institute
of Technology, Sector - 15, Rohini, Delhi 110089.
64. Hansraj Meena, S/o Ramji Lal Meena, Aged about
31 Years, R/o VPO - Jakhoda, The. Sapotra, Distt -
Karauli, Rajasthan - 322218, working as lecturer, Group
A, Guru Nanak Dev Institute of Technology, Sector - 15,
Rohini, Delhi 110089 .
65. Govind Singh, S/o Sh. Rajendra Singh, Aged about
35 Years, R/o Plot No.-11 A, Gali No.-11, S Block, Vikas
Nagar, Uttam Nagar, New Delhi-59, working as lecturer,
Group A, Guru Nanak Dev Institute of Technology, Sector
- 15, Rohini, Delhi 110089.
66. Karuna Shankar, S/o Sh. Ram Khelawan, Aged
about 30 Years, R/o G-11/115, Rohini, Sector-15, Delhi-
89, working as lecturer, Group A, Guru Nanak Dev
Institute of Technology, Sector - 15, Rohini, Delhi
110089.
67. Chandra Shekhar S/o Lt. Sh. Chote Lal Rajput,
Aged about 32 Years, R/o G-4/71, Rohini, Sector-11,
Delhi-89, working as lecturer, Group A, Guru Nanak Dev
Institute of Technology, Sector - 15, Rohini, Delhi
110089.
68. Ankit Kumar, S/o Sh.Vinod Kumar, Aged about 31
years, R/o D-17/76, Sector-3, Rohini, Delhi-85, working
as lecturer, Group A, Guru Nanak Dev Institute of
Technology, Sector - 15, Rohini, Delhi 110089.
69. Sudeep Kapoor, S/o Sh. Sudhir Kapoor, Aged about
33 Years, R/o C-610, Saraswati Vihar, Pitampura, New
Delhi -34, working as lecturer, Group A, Guru Nanak Dev
Institute of Technology, Sector - 15, Rohini, Delhi
110089.
70. Mridul Rawat, S/o Sh. M.S Rawat, Aged about 29
years, R/o. 54/D-1, Sec-11, Rohini, New Delhi-110085,
working as lecturer, Group A, Guru Nanak Dev Institute
of Technology, Sector - 15, Rohini, Delhi 110089.
10
O.A No. 2020/2018
71. Vandana Gautam, W/o Mr. Raghvendra Gautam,
Aged about 34 years, R/o Type IV, Flat No.-3, D.T.U.,
Delhi-42, working as lecturer, Group A, Guru Nanak Dev
Institute of Technology, Sector - 15, Rohini, Delhi
110089.
72. Sandeep Arora, S/o Sri Chand Arora, aged about 34
Years, R/o H-38, G.S Apartments, Sector-13, Rohini,
New Delhi-85, working as lecturer, Group A, Guru Nanak
Dev Institute of Technology, Sector - 15, Rohini, Delhi
110089.
73. Piyush, S/o Sh. Jai Prakash Singh, Aged about 27
Years, R/o A-1/18, Harsh Dev Park, Budh Vihar, Phase-
2, New Delhi-110086, working as lecturer, Group A,
Guru Nanak Dev Institute of Technology, Sector - 15,
Rohini, Delhi 110089.
74. Abhinav Sri, S/o Sh. Srinarayan Mehta, Aged about
33 Years, R/o B 191, 1st Floor Indira Nagar , Delhi-
110033, working as lecturer, Group A, Aryabhatt
Institute of Technology, G.T. Karnal Road, Delhi -
110033.
75. Amit Gaurav, S/o Satish Chand, Aged about 36
years, R/o C-418/A, Chhajupur, Shahdara, Delhi -
110032, working as lecturer, Group A, Aryabhatt
Institute of Technology, G.T. Karnal Rod, Delhi - 110033.
76. Deepshikha, W/o Sh. Kamal Prakash, Aged about
40 Years, R/o H.No.6570/2, Block No. 9, Devnagar,
Karol Bagh, Delhi-110005, working as lecturer, Group A,
Aryabhatt Institute of Technology, G.T. Karnal Rod, Delhi
- 110033.
77. Harswaroop, S/o Sh. MaheshPal Singh, aged about
32 years, R/o Village and Post Hariyana Distt.-
Moradabad UP-244413, working as lecturer, Group A,
Aryabhatt Institute of Technology, G.T. Karnal Road,
Delhi - 110033.
78. Kamal Yadav, S/o Sh. Ram Niwas Yadav, Aged
about 34 Years, R/o A-47, Yadav Nagar SameyPur, Delhi-
110042, working as lecturer, Group A, Aryabhatt
Institute of Technology, G.T. Karnal Road, Delhi -
110033.
11
O.A No. 2020/2018
79. Payal Ahuja, W/o Naveen Ahuja, Aged about 38
years, R/o House No. 101 Block C, Kirti Nagar, New
Delhi - 110015, working as lecturer, Group A, Aryabhatt
Institute of Technology, G.T. Karnal Road, Delhi -
110033.
80. Sarita, W/o Sh. Sachin Dayal, Aged about 35 years,
R/o H. No. R-215, Gali no. 12, Swatantra Nagar, Narela
Delhi-110040, working as lecturer, Group A, Aryabhatt
Institute of Technology, G.T. Karnal Road, Delhi -
110033.
81. Sumit Singhal, S/o Sh. Khushiram Singhal, Aged
about 28 Years, R/o A-33, Motilal Road, Adarsh Nagar,
Delhi-110033 working as lecturer, Group A, Aryabhatt
Institute of Technology, G.T. Karnal Road, Delhi -
110033.
82. Umesh Kumar, S/o Sh. Ganga Prasad, Aged about
31 years, R/o Vill and Post -Ingohta Distt.- Hamirpur
UP-210341 working as lecturer, Group A, Aryabhatt
Institute of Technology, G.T. Karnal Road, Delhi -
110033. ... Applicants
(By Advocate : Ms. Aishwarya Bhati)
Versus
1. Govt. of NCT of Delhi
through Chief Secretary,
Delhi Secretariat,
I.P. Extension,
Delhi.
2. Secretary,
Department of Training and Technical Education,
Govt. of NCT of Delhi,
Maya Ram Jain Marg,
Pitampura,
New Delhi - 110088,
through its Principal Secretary.
3. Union Public Service Commission,
Dholpur House,
12
O.A No. 2020/2018
Shahjahan Road,
New Delhi - 110069,
through its Secretary. ....Respondents
(By Advocate : Mr. Anuj Kumar Sharma for R-1 & 2)
O R D E R (O R A L)
Justice L. Narasimha Reddy, Chairman :
The applicants were appointed as Lecturers in various subjects in the Govt. Polytechnic Colleges by the Government of NCT of Delhi on contractual basis. Such contractual appointments are said to be on the basis of the advertisements issued between 2007 to 2013, which provided selection by way of Walk-in-Interviews. The NCT of Delhi framed recruitment rules for the employees of the Polytechnic Institutes in the year 2012. One of the requirements under the rules is that appointments are to be made in consultation with the UPSC.
2. The respondents issued advertisements No. 8, 10, 11 and 13 of 2018, inviting candidates for selection to the post of Lecturers in various subjects in the Polytechnics run by the Delhi Administration. The applicants challenge the said advertisements in this O.A. They contend that once the respondents have appointed them by issuing an advertisement and by subjecting them to selection process, 13 O.A No. 2020/2018 there is absolutely no basis for proposing to replace them with another set of the candidates. They also state that the Delhi Government, as a policy, decided to regularise the services of contractual employee and in deviation from that the impugned advertisements are issued. Further contention of the applicant is that even where undertaking of selection process becomes inevitable, the Government has decided to provide relaxation of age limit and to give weightage of service to the candidates appointed on contractual basis and such benefits were not extended to them.
3. The respondents filed a detailed counter affidavit. It is stated that the appointment of the applicants was purely on contractual basis that too for a limited period and they do not derive any right to claim regularisation on account of their term being extended from time to time. It is also stated that in the order of appointment itself it was made clear that as and when the selections are made in accordance with rules and on regular basis, the contractual appointment shall cease and that there are no merits in the O.A. 14 O.A No. 2020/2018
4. We heard Ms. Aishwarya Bhati, learned counsel for applicant and Mr. Anuj Kumar Sharma, learned counsel for respondents no. 1 and 2.
5. It is not in dispute that the appointment of the applicants was on contractual basis. The orders of appointment which are filed as Annexures in the O.A make this aspect very clear. The appointments are said to have been proceeded by advertisements, one of which is filed in O.A. It simply states that Walk-In-Interview is provided for appointment of Lecturers in Polytechnic on contractual basis.
6. As the case stands now, it is difficult to accede to the request of the applicants for regularisation of services straightway. The reason is that the appointments were not in accordance with the procedure stipulated for regular appointment and in order of appointment it was made clear that it is purely on contractual basis, for a limited period; and on consolidated salary.
7. Reliance is placed upon judgment of the Hon'ble Bombay High Court in W.P. (C) No. 2046/2010 in Sachin Ambadas Vs. State of Maharashtra. A perusal of the same discloses that the procedure for selection of Lecturers of Polytechnic was followed while appointing the petitioners 15 O.A No. 2020/2018 therein and the appointment remained in force for a long time. It was under these circumstances that a direction was issued for regularisation of the service of those persons subject to fulfilment of certain process. The facts of the present case are substantially different.
8. It is true that the Hon'ble High Delhi Court gave certain directions in the context of regularisation of the temporary and contractual employees in the Delhi Administration by framing a scheme and that the Delhi Government in turn issued memo dated 16.02.2015 and another memo dated 19.10.2015 in the context of regularisation of service of the employees.
The memos read as under :-
"Memo dated 16.02.2015 :
"The Government of N.C.T of Delhi would like to take a view on the existing policy regarding status of contractual employees engaged in various departments and organisations under the Government.
Therefore, services of Contractual employees engaged by the departments should NOT be terminated till further instructions in the matter. If any terminations are likely to take place, the same should be stopped till further orders."
Memo dated 19.10.2015 :
"The Government of National Capital Territory of Delhi has considered the issue of regularisation of the Contractual employees working in various departments of Govt. of N.C.T. of Delhi and approved the following general policy for regularisation of the contractual employees vide Cabinet Decision No. 2223 dated 06.10.2015 :-
In line with the Uma Devi Judgment, Government of National Capital Territory of Delhi makes the following policy for contractual employees working against regular posts:-16 O.A No. 2020/2018
1. Every department should formulate a scheme to fill up all vacant posts.
2. Contractual employees working against these posts should be allowed to apply with following conditions :-
(a) They should be given age relaxation.
(b) They should be given appropriate and adequate weightage of experience for that post in evaluation.
(c) Any contractual employee, whose service was termination due to unsatisfactory work during their contractual employment, shall be treated as ineligible, under the scheme.
3. Policy in para-2 shall also be applicable to the contractual employees who have worked against these posts for an aggregate period of 6 months or more after 01.04.2013. It is, therefore, requested that the necessary action with regard to implementation of above decisions may be initiated at the earliest."
9. From these, it becomes evident that there was some attempt by the Government of Delhi to stipulate schemes for regularisation of appointment of contractual or temporary employees. The question as to whether the benefit of relaxation of age and providing weightage of experience can be extended to the Lecturers working on contractual basis, needs to be examined by the Government itself. The Tribunal cannot make a final pronouncement on policy matter of this nature.
10. It is stated that the applicants have made several representations to the Government in this behalf.
11. We, therefore, dispose of the O.A directing that :-
(a) It shall be open to the applicants to submit a fresh representation or the copies of representations already 17 O.A No. 2020/2018 made to the respondents no. 1 and 2, i.e., Chief Secretary to Govt of NCT of Delhi and Secretary, Department of Training and Technical Education, Govt. of NCT of Delhi respectively, within two weeks from today ; and
(b) On receipt of such representation the respondents no. 1 and 2 shall take a decision as to whether :-
(i) they intend to implement any scheme for regularisation of contractual Lecturers, or ;
(ii) to provide the benefit of relaxation of age limit or weightage for past experience to the applicants herein.
within a period of four weeks thereafter. Respondents no. 1 and 2, shall issue necessary instructions to the UPSC, depending upon the decision, which they take, on the representation, which the applicant may submit.
There shall be no order as to costs.
(Aradhana Johri) (Justice L. Narasimha Reddy) Member (A) Chairman /Mbt/