Central Administrative Tribunal - Delhi
President Rajender Kumar vs Mcd & Others Through on 1 February, 2012
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.929/2011 Wednesday, this the 1st day of February 2012 Honble Mr. M.L. Chauhan, Member (J) Honble Mrs. Manjulika Gautam, Member (A) Delhi Nagar Nigam Karamchari Parishad Through its 1. President Rajender Kumar o/o 356, Village Khera Kalan, Delhi-82 2. Rajesh Kumar s/o Shri Jai Kishan r/o S-558, Mangol Puri, Delhi-83 ..Applicants (By Advocate: Mr. M K Bhardwaj) Versus MCD & others through 1. Municipal Corporation of Delhi through Its Commissioner, Civic Centre Mintro Road, New Delhi 2. Additional Commissioner MCD, Civic Centre Minto Road, New Delhi 3. Deputy Commissioner Deptt. of Environment Management Services, MCD, Delhi 4. Assistant Commissioner DEMS, Gandhi Mela Ground Town Hall, Delhi ..Respondents (By Advocate: Mr. Rajender Khatter) O R D E R (ORAL)
Mr. M L Chauhan:
The Delhi Nagar Nigam Karamchari Parishad has filed the present OA through its president Rajender Kumar and employee Rajesh Kumar, thereby praying for the following reliefs:-
(i) to quash and set aside the impugned circular no.570/DA-I/AC/DEMS/HQs/2011 dated 3.2.2011.
(ii) to direct the respondents to fill up the post of ASI as per the RRs notified for the said post.
(iii) to direct the respondents not to consider any outsider candidates serving in departments other than DEMS for promotion/appointment to the post of ASI by ignoring RRs.
(iv) to pass any such and further orders which their lordships of this Honble Tribunal may deem fit and proper in the existing facts and circumstances of the case.
2. The grievance of the applicants in this case is that as per the recruitment rules for the post of Assistant Sanitary Inspector, the said post is required to be filled up 50% by promotion, failing which by direct recruitment and 50% by direct recruitment. In the case of recruitment by promotion, the Sanitary Guide with 6 years regular service in the grade, failing which combined 8 years regular service in the grade of Safai Karamchari and Sanitary Guide, failing which Safai Karamchari with 8 years regular service in the grade having essential qualification has been made eligible. However, in order to deprive the applicants from promotion to the post of Assistant Sanitary Inspector, the respondents have issued circular dated 3.2.2011 (Annexure A-1) to fill up the post of Assistant Sanitary Inspector by departmental quota, that too, from such employees, who are not serving in the Department of Environment Management Services and contrary to the provisions contained in the recruitment rules.
3. Thus, according to the applicants, once in the recruitment rules only two methods are prescribed for filling up the post of Assistant Sanitary Inspector, the respondents are not justified in creating third method of recruitment de hors the rules. It is on the basis of these facts the applicants have filed the present OA, thereby praying for the aforesaid reliefs.
4. Notice of this application was given to the respondents, who have filed their reply affidavit wherein it has been stated that the Commissioner, Municipal Corporation of Delhi (MCD) vide approval dated 8.12.2010 created additional 100 posts of Assistant Sanitary Inspector and additional 100 posts of Sanitary Guide on temporary basis for a period of 6 months to be filled up as per the existing recruitment rules. 50% of these posts will be filled up on direct recruitment basis and remaining 50% on promotional basis where the feeder channel would be widened.
5. According to the respondents, the feeder channel for promotion has been widened keeping in view the decision of this Tribunal in Anil Kumar & others v. Municipal Corporation of Delhi & another (OA-568/2010) decided on 16.8.2010 wherein it has been directed that the applicants therein have no promotional avenues for promotion, although they possess eligibility criteria of education as well as the diploma in sanitary as prescribed for the post of Assistant Sanitary Inspector. A further direction was given to the respondents to devise the methodology to create or to induct the applicants therein as feeder category for promotion to the post of Assistant Sanitary Inspector within a period of three months from the date of receipt of a copy of the order without quashing the recruitment rules.
6. Thus, according to the respondents, it was under these circumstances that the feeder channel for recruitment to the post of Assistant Sanitary Inspector was widened vide resolution No.5 dated 12.7.2010. Besides the Sanitary Guide and Safai Karamchari, all class IV employees working in various Departments of MCD, who fulfill the requisite essential qualification and experience, are eligible to the post of Assistant Sanitary Inspector and are included in the feeder cadre, and till the amendment in the recruitment rules are got notified after the approval from the competent authority, the promotional post of Assistant Sanitary Inspector will be filled up on ad hoc basis.
7. The applicants have not filed any rejoinder in this case.
8. We have heard the learned counsel for the parties and perused the material placed on record. We are of the view that the applicants have not made out any case for grant of relief. As can be seen from the notified recruitment regulations for the post of Assistant Sanitary Inspector (Annexure A-2), the method of recruitment to the said post is 50% by promotion, failing which by direct recruitment and 50% by direct recruitment. As can be seen from column 12 of the said recruitment regulations, promotion to the post of said post has been made from the category of Sanitary Guide with 6 years regular service in the grade.
9. The respondents vide resolution No.5 dated 12.7.2010 have widened the feeder channel for recruitment to the post of Assistant Sanitary Inspector whereby in the absence of Sanitary Guide, Safai Karamchari with 8 years of regular service in the grade has also been included in the feeder channel. Before these proposed amendments could be given effect to, the respondents have widened the feeder category in the light of directions given by this Tribunal, referred to above, whereby in addition to Safai Karamchari, class-IV employees of various Departments of MCD have also been included in the feeder category.
10. Thus, in view of what has been stated above, as per the notified recruitment regulations for the post of Assistant Sanitary Inspector, it is only the Sanitary Guide with 6 years regular service in the grade, who constitutes the feeder category. Admittedly, the applicants are Safai Karamcharies in the Department of Environment Management Services and do not constitute a feeder category for promotion to the post of Assistant Sanitary Inspector. Thus, according to us, the applicants have no locus to challenge the action of the respondents whereby they are going to fill up 12 posts of Assistant Sanitary Inspector on the basis of the proposed amended rules on ad hoc basis in the light of the directions given by this Tribunal in the aforesaid OA till the proposed amendment forms part of the recruitment regulations, which decision has been taken by the respondents in the exigencies of service whereby 100 posts of Assistant Sanitary Inspector were created on temporary basis, more particularly when as per the existing recruitment rules for the post of Assistant Sanitary Inspector the category of applicants does not constitute a feeder category and cannot be appointed as Assistant Sanitary Inspector and thus, not eligible for consideration to the post of Assistant Sanitary Inspector.
11. For the foregoing reasons, the OA is bereft of merit and is accordingly dismissed without any order as to costs.
( Mrs. Manjulika Gautam ) ( M L Chauhan ) Member (A) Member (J) /sunil/