Central Administrative Tribunal - Delhi
Virender Singh vs New Delhi Municipal Council on 8 November, 2016
Central Administrative Tribunal
Principal Bench, New Delhi.
OA-986/2016, MA-972/2016
With
OA-1080/2016, MA-1068/2016, MA-2158/2016
OA-1388/2016, MA-1373/2016
OA-1503/2016, MA-1488/2016
OA-1769/2016, MA-1744/2016
OA-1814/2016, MA-1775/2016
Reserved on : 26.10.2016.
Pronounced on :08.11.2016.
Hon'ble Mr. Shekhar Agarwal, Member (A)
Hon'ble Mr. Raj Vir Sharma, Member (J)
OA-986/2016, MA-972/2016
1. VIRENDER SINGH
S/O SH. OM PRAKASH
POST-PUMP OPERATOR
AGE 62 YRS
TOWN HALL, KACHA BAGH, CITY ZONE, NORTH DELHI
MUNICIPAL CORPORATION,
NEW DELHI
2. RAJENDRA
S/O SH. RAMAN
POST-MALI,
AGE 53 YRS
ASHOK VIHAR PHASE-I, CD BLOCK PARK, CIVIL LINES, NDMC,
NEW DELHI
3. MANGE RAM
S/O SH. DALU RAM
POST-MALI,
AGE 59 YRS
ASHOK VIHAR PHASE-I, CD BLOCK PARK, CIVIL LINES, NDMC,
NEW DELHI
4. INDRA PAL
S/O SH. GIRIRAJ
POST-MALI,
AGE 55 YRS
ASHOK VIHAR PHASE-I, CD BLOCK PARK, CIVIL LINES, NDMC,
NEW DELHI
2 OA-986/2016 with connected OAs.
5. TULA RAM
S/O SH. HARKESH
POST-MALI,
AGE 53 YRS
ASHOK VIHAR PHASE-I, CD BLOCK PARK, CIVIL LINES, NDMC,
NEW DELHI
6. RAMPAL
S/O SH. SHOBHA RAM
POST-MALI,
AGE 55 YRS
ASHOK VIHAR PHASE-I, CD BLOCK PARK, CIVIL LINES, NDMC,
NEW DELHI
7. SANT NARAYAN
S/O SH. BHARAT SINGH
POST-MALI,
AGE 58 YRS
ASHOK VIHAR PHASE-I, CD BLOCK PARK, CIVIL LINES, NDMC,
NEW DELHI
8. UMEDH SINGH
S/O SH. MOJI RAM
POST-MALI,
AGE 59 YRS
ASHOK VIHAR PHASE-I, CD BLOCK PARK, CIVIL LINES, NDMC,
NEW DELHI
9. SURENDRA SINGH
S/O SH. SOMAR SINGH
POST-MALI,
AGE 53 YRS
RAMPURA, CIVIL LINES, NDMC, NEW DELHI
10. RAM BILAS
S/O SH. INDRA MAL
POST-MALI,
AGE 56 YRS
RAMPURA, CIVIL LINES, NDMC, NEW DELHI
11. ARUN KUMAR
S/O SH. DURGA PRASAD
POST-CHOWKIDAR
AGE 57 YRS
RAMPURA, CIVIL LINES, NDMC, NEW DELHI
12. DHARM PAL
S/O SH. HARI KISHAN
POST-CHOWKIDAR
AGE 58 YRS
ASHOK VIHAR PHASE-I, CD BLOCK PARK, CIVIL LINES, NDMC,
NEW DELHI
3 OA-986/2016 with connected OAs.
13. PARMAL
S/O SH, KUPPU SWAMI
POST-MALI,
AGE 61 YRS
ASHOK VIHAR PHASE-I, CD BLOCK PARK, CIVIL LINES, NDMC,
NEW DELHI
14. MUNEDRA PAL
S/O SH. ANTRAM
POST-MALI,
AGE 57 YRS
BAKKARWALA, WEST ZONE, SDMC, NEW DELHI
15. RAJENDRA SINGH
S/O SH. SURAT SINGH
POST-MALI,
AGE 57 YRS
ASHOK VIHAR PHASE-I, CD BLOCK PARK, CIVIL LINES, NDMC,
NEW DELHI
16. MANNI APPAN
S/O SH. PIRI SWAMI
POST-CHOWKIDAR
AGE 62 YRS
ASHOK VIHAR PHASE-I, CD BLOCK PARK, CIVIL LINES, NDMC,
NEW DELHI
17. RAJ KUMAR
S/O SH. CHANDRA SINGH
POST-PUMP OPERATOR
AGE 59 YRS
LIC VIKAS PURI, HASTAL, WEST ZONE, SDMC, NEW DELHI
18. LAKSHMAN
S/O SH. RADHEYSHYAM SHARMA
POST-PUMP OPERATOR
AGE 59 YRS
A-3, JANAKPURI, WEST ZONE, SDMC, NEW DELHI
19. VIMLESH KUMAR
S/O SH. BABURAM
POST-PUMP OPERATOR
AGE 57 YRS
DG-II, VIKASPURI, WEST ZONE, SDMC, NEW DELHI
20. RAM SUMIRAN
S/O SH. SOH LAL
POST-CHOWKIDAR
AGE 63 YRS
WEST ZONE, SDMC, NEW DELHI
21. SHRI BHAGWAN
S/O SH. GAURI DUTT
POST-CHOWKIDAR
4 OA-986/2016 with connected OAs.
AGE 56 YRS
UPMELI PARK, WEST ZONE, SDMC, NEW DELHI
22. RAM LAL
S/O SH. MUSAI RAM
POST-MALI,
AGE 58 YRS
MELI PARK, WEST ZONE, SDMC, NEW DELHI
23. SATYAVAN
S/O SH. UMRAO SINGH
POST-CHOWKIDAR
AGE 58 YRS
MELI PARK, WEST ZONE, SDMC, NEW DELHI
24. DHARM PAL
S/O SH. CHANDRA SINGH
POST-CHOWKIDAR
AGE 57 YRS
MELI PARK, WEST ZONE, SDMC, NEW DELHI
25. YOGENDRA SINGH
S/O SH. DHAN SINGH
POST-MALI,
AGE 59 YRS
RISI NAGAR, RANI BAGH, ROHINI ZONE, NDMC, NEW DELHI
26. KANDHA SWAMI
S/O SH. AMMACHI
POST-MALI,
AGE 55 YRS
RISI NAGAR, RANI BAGH, ROHINI ZONE, NDMC, NEW DELHI
27. KRISHAN CHAND
S/O SH. DULI CHAND
POST-MALI,
AGE 58 YRS
SALIMAR BAGH, NURERY, ROHINI ZONE, NDMC, NEW DELHI
28. RAMESH
S/O SH. SARUP
POST-MALI,
AGE 55 YRS
SALIMAR BAGH, NURERY, ROHINI ZONE, NDMC, NEW DELHI
29. MAHENDRA SINGH
S/O SH. GANGA SAHAI
POST-MALI,
AGE 53 YRS
SALIMAR BAGH, NURERY, ROHINI ZONE, NDMC, NEW DELHI
30. NAND KISHORE
S/O SH. RAGHUVIR SINGH
POST-MALI,
5 OA-986/2016 with connected OAs.
AGE 58 YRS
SALIMAR BAGH, NURERY, ROHINI ZONE, NDMC, NEW DELHI
31. ISHWAR DUTT
S/O SH. RISAL SINGH
POST-MALI,
AGE 59 YRS
SALIMAR BAGH, NURERY, ROHINI ZONE, NDMC, NEW DELHI
32. BADRI PRASAD
S/O SH. KANCHAN SINGH
POST-MALI,
AGE 57 YRS
SALIMAR BAGH, NURERY, ROHINI ZONE, NDMC, NEW DELHI
33. DAN VIR
S/O SH. SUKHVIR
POST-MALI,
AGE 58 YRS
SALIMAR BAGH, NURERY, ROHINI ZONE, NDMC, NEW DELHI
34. LAKHAN SINGH
S/O SH. TEJ SINGH
POST-CHOWKIDAR
AGE 57 YRS
SALIMAR BAGH, NURERY, ROHINI ZONE, NDMC, NEW DELHI
35. RAJENDRA KUMAR
S/O SH. MEGHRAJ
POST-MALI,
AGE 55 YRS
SECTOR-6, PARSURAM PARK, ROHINI ZONE, NDMC, NEW
DELHI
36. SHAMBHU DAYAL
S/O SH. GIRDHARI LAL
POST-MALI,
AGE 52 YRS
WARD 51 ROHINI RZ SEC 7-8 NDMC, NEW DELHI
37. SURESH CHAND
S/O SH. CHET RAM
POST-MALI,
AGE 58 YRS
WARD 52 ROHINI RZ SEC 7-8 NDMC, NEW DELHI
38. RAM BHAROSEY
S/O SH. BALJEET
POST-MALI,
AGE 58 YRS
WARD 52 ROHINI RZ SEC 7-8 NDMC, NEW DELHI
6 OA-986/2016 with connected OAs.
39. BANSH BAHADUR
S/O SH. RAM DULARY
POST-MALI,
AGE 57 YRS
ROHINI RZ SEC 7 NDMC, NEW DELHI
40. RAJA RAM
S/O SH. JASA
POST-MALI,
AGE 57 YRS
ROHINI RZ SEC 7 NDMC, NEW DELHI
41. PAPIYA
S/O SH. KHANDHA SWAMI
POST-MALI,
AGE 59 YRS
WARD 52 ROHINI RZ SEC 7-8 NDMC, NEW DELHI
42. RAJWATI
W/O SH. SARMAMA SINGH
POST-MALI,
AGE 56 YRS
SECTOR-6, ROHINI ZONE, NDMC, NEW DELHI
43. RAM KISHOR
S/O SH. KEDAR NATH
POST-MALI,
AGE 57 YRS
WARD 24, SECTOR-1, ROHINI ZONE, NDMC, NEW DELHI
44. RAM AVTAR
S/O SH.BALCKRAM
POST-MALI,
AGE 59 YRS
WARD 52 PRASHANT VIHAR, ROHINI ZONE, NDMC, NEW
DELHI
45. MAHABIR
S/O SH. SHRI KARSAN
POST-MALI,
AGE 56 YRS
WARD 45, SECTOR-4, ROHINI ZONE, NDMC, NEW DELHI
46. CHOKHEY LAL
S/O SH. RAM CHANDER
POST-MALI,
AGE 57 YRS
SGT NAGAR, BADLI DELHI, CIVIL LINES, NDMC, NEW DELHI
47. BALLEIR
S/O SH. SUNEHARA
POST-MALI,
AGE 56 YRS
WARD 19 J BLOCK, JAHANGIR PURI, CIVIL LINES, NDMC,
7 OA-986/2016 with connected OAs.
NEW DELHI
48. DAYANAND
S/O SH. SHIV NARAYAN
POST-MALI,
AGE 63 YRS
WARD 20 AMBEEL PARK, JAHANGIR PURI, CIVIL LINES,
NDMC, NEW DELHI
49. PREM SINGH
S/O SH. KULI RAM
POST-MALI,
AGE 59 YRS
WARD 16 A BLOCK, JAHANGIR PURI, CIVIL LINES, NDMC,
NEW DELHI
50. ROHTASH
S/O SH. DHANI RAM
POST-MALI,
AGE 58 YRS
WARD 13-14 ADARSH NAGAR, CIVIL LINES, NDMC, NEW
DELHI
51. RAM BILASH
S/O SH. BENI
POST-MALI,
AGE 55 YRS
WARD 55, C-A BLOCK, SHALIMBAR BAGH, ROHINI ZONE,
NDMC, NEW DELHI
52. DEVI SHARAN
S/O SH. BALJIT
POST-MALI,
AGE 56 YRS
WARD 55, C-A BLOCK, SHALIMBAR BAGH, ROHINI ZONE,
NDMC, NEW DELHI
53. DAYA RAM
S/O SH. TULI RAM
POST-MALI,
AGE 55 YRS
WARD 55, C-A BLOCK, SHALIMBAR BAGH, ROHINI ZONE,
NDMC, NEW DELHI
54. PADAM SINGH
S/O SH.BALDEV SINGH
POST-MALI,
AGE 57 YRS
WARD 55, C-A BLOCK, SHALIMBAR BAGH, ROHINI ZONE,
NDMC, NEW DELHI
8 OA-986/2016 with connected OAs.
55. SHRIBAL
S/O SH. SARJU
POST-MALI,
AGE 55 YRS
WARD 55, C-A BLOCK, SHALIMBAR BAGH, ROHINI ZONE,
NDMC, NEW DELHI
56. BHAGWAN DASH
S/O SH. NANWA
POST-MALI,
AGE 58 YRS
WARD 19 J BLOCK, JAHANGIR PURI, CIVIL LINES, NDMC,
NEW DELHI
57. PHOOL SINGH
S/O SH. KHAZAN SINGH
POST-MALI/ CHAUDHARY
AGE 55 YRS
SECTOR 15, A BLOCK, HARLAL PARK, ROHINI ZONE, NDMC,
NEW DELHI. ..... APPLICANTS
VERSUS
1. NORTH DELHI MUNICIPAL CORPORATION,
THROUGH COMMISSIONER,
DR. S P MUKHERJEE, CIVIC CENTER,
J L NEHRU MARG, MINTO ROAD,
NEW DELHI-110002.
2. THE ASSISTANT COMMISSIONER (HORT.)
NORTH DELHI MUNICIPAL CORPORATION,
DR. S P MUKHERJEE, CIVIC CENTER,
J L NEHRU MARG, MINTO ROAD,
NEW DELHI-110002.
3. SOUTH DELHI MUNICIPAL CORPORATION,
THROUGH COMMISSIONER,
DR. S P MUKHERJEE, CIVIC CENTER,
J L NEHRU MARG, MINTO ROAD,
NEW DELHI-110002.
4. THE DIRECTOR (HORT.)
SOUTH DELHI MUNICIPAL CORPORATION,
DR. S P MUKHERJEE, CIVIC CENTER,
J L NEHRU MARG, MINTO ROAD,
NEW DELHI-110002.
..... RESPONDENTS
OA-1080/2016, MA-1068/2016, MA-2158/2016
9 OA-986/2016 with connected OAs.
1. JAY PRAKASH (MALI), AGED 52 YEARS , S/O
MOHAR SINGH, R/O LIG 6/1282, SANGAM VIHAR,
DELHI-62 PRESENTLY WORKING AT SDMC, GREEN
PARK SOUTH ZONE, NEW DELHI
2. NOBHAR AGED 53 YEARS S/O BUDH SINGH R/O
109, NODHRA, TUGHLAKABAD, DELHI. PRESENTLY
WORKING AT SDMC, LAJPAT NAGAR ZONE, NEW
DELHI
3. JANARDHAN AGE 55 YEARS S/ O RAGHAV SINGH
R/O 270, KAGAR MOHALLA, TUGHLAKABAD, NEW
DELHI. PRESENTLY WORKING AT SDMC, LAJPAT
NAGAR ZONE, NEW DELHI
4. SHYAM SINGH AGE 58 YEARS S/O PHUL SINGH, R/O
JALAM MOHD. VILL TUGHLAKABAD, NEW DELHI.
PRESENTLY WORKING AT SDMC, LAJPAT NAGAR
CENTRAL ZONE, NEW DELHI
5. MISRO AGE 54 YEARS, S/O RICHPAL S/O 202,
BHANDAR MOHALLA TUGHLAKABAD, NEW DELHI.
PRESENTLY WORKING AT SDMC, LAJPAT NAGAR
ZONE, NEW DELHI
6. DHEER SINGH AGE 58 YEARS, S/O PHUL SINGH, R/O
1018, BAZAAR MOHALLA, TUGHLAKABAD, NEW
DELHI. PRESENTLY WORKING AT SDMC, LAJPAT
NAGAR ZONE, NEW DELHI
7. HARENDRA RAM, AGE 52 YEARS, S/O SURYA VALI
RAM, R/O C-14, VILASPUR CAMP, MOREBAND
BADARPUR, NEW DELHI. PRESENTLY WORKING AT
SDMC, LAJPAT NAGAR ZONE, NEW DELHI
8. KALU RAM AGE 56 YEARS S/O KHEM CHAND R/O-
K-II, SANGAM VIHAR, NEW DELHI. PRESENTLY
WORKING AT SDMC, LAJPAT NAGAR ZONE, NEW
DELHI
9. BHURE SINGH AGE 54 YEARS, S/O KEHAR SINGH,
R/O KALI WADI MANDIR, MANDIR MARG, NEW
DELHI. PRESENTLY WORKING AT SDMC, GREEN PARK
10 OA-986/2016 with connected OAs.
SOUTH ZONE, NEW DELHI
10. RAM NARESH AGE 52 YEARS S/O BUDHRAM B-
7/413, BHALSWA JJ COLONY, NEW DELHI-42
PRESENTLY WORKING AT SDMC, LAJPAT NAGAR
ZONE, NEW DELHI
11. SMT. DHARAMWATI AGE 53 YEARS, WIDOW OF
LATE BALE RAM, S/O PREMRAJ, R/O 20-A, JHARIA
MARIA MOHALLA, GARHI, NEW DELHI. LAST
WORKING AT SDMC, LAJPAT NAGAR ZONE, NEW
DELHI
12. MEHA SINGH AGE 54 YEARS S/O SH. CHARNA, R/O
JANEDPUR, POST DHANAULI, GREATER NOIDA (U.P.)
PRESENTLY WORKING AT SDMC, LAJPAT NAGAR
ZONE, NEW DELHI
13. RAJENDRA PRASAD, AGE 51 YEARS, S/O SHRI
SRIKISHAN R/O HARKESH NAGAR, NEW DELHI.
PRESENTLY WORKING AT SDMC, LAJPAT NAGAR
ZONE, NEW DELHI
14. RAM VINAY SINGH (MALI) S/O SH. MUNESHWAR
SINGH, WARD NO.208, SARITA VIHAR, LAJPAT NAGAR
ZONE, NEW DELHI.
15. DHARAMPAL (MALI), AGE 52 YRS, S/O SH. RANJEET
SINGH, WORKING AT WARD 190, CENTRAL ZONE,
LAJPAT NAGAR DDA FLAT, SDMC, NEW DELHI.
16. MEGH SINGH (MALI), AGE 54 YRS, S/O SH. RATAN
SINGH, WORKING AT CENTRAL ZONE, LAJPAT NAGAR
CR PARK, SDMC, NEW DELHI.
17. MEHAK SINGH (MALI), AGE 59 YRS, S/O CHATAR
SINGH, WORKING AT WARD 190, CR PARK, DDA FLAT,
LAJPAT NAGAR ZONE, SDMC, NEW DELHI.
18. LAL CHAND (MALI), AGE 60 YRS, S/O SH. AMAR
SINGH, WORKING AT WARD 190, CR PARK, DDA FLAT,
LAJPAT NAGAR ZONE, SDMC, NEW DELHI.
19. ARJUN SINGH (MALI), S/O SH. RAM LAL, AGE 52 YRS,
WORKING AT WARD 190, CR PARK, DDA FLAT, LAJPAT
11 OA-986/2016 with connected OAs.
NAGAR ZONE, SDMC, NEW DELHI.
20. JAIRAM (MALI), S/O SH. DEVI SINGH, AGE 53 YRS,
WORKING AT WARD 190, CR PARK, DDA FLAT, LAJPAT
NAGAR ZONE, SDMC, NEW DELHI.
21. BHUDO, (MALI) S/O PYARE AGE 54 YRS POSTED AT
LAJPAT NAGAR ZONE, SDMC, NEW DELHI
22. MANGE RAM (MALI) S/O SH. RANG LAL, AGE 52 YRS,
WARD 157, SDMC, KALKAJI, LAJPAT ZONE, NEW
DELHI.
23. RAM HARAK (MALI), AGE 55 YRS, S/O SH. HORRI
MATA PHER
POSTED AT WARD 196, LAJPAT NAGAR ZONE
KRISHNA MARKET NURSERY KALKAJI, SDMC NEW
DELHI.
24. VED PRAKASH (MALI) S/O SH.PRABHU DAYAL , AGE
51 YRS WARD 159, DEFENCE COLONY, LAJPAT
NAGAR ZONE, SDMC, NEW DELHI.
25. PURAN MASI (MALI), S/O SH. JAI SHREE, AGE 59 YRS,
WARD NO.157, JANGPURA NURSERY, LAJPAT NAGAR
ZONE, SDMC, NEW DELHI.
26. RAMPAL SHARMA (MALI) S/O LATE SH. BUDHA RAM
SHARMA, AGE 51 YRS SDMC, LAJPAT NAGAR ZONE,
NEW DELHI.
27. BALJEET (MALI) S/O SH. RATAN SINGH , AGE 54 YRS,
WARD 185 DDA FLATS GOVINDPURI, NHP PARK,
SDMC, LAJPAT NAGAR ZONE, NEW DELHI.
28. RISHI PAL (CHUADHARY), S/O SH. ILAM CHAND, AGE
55 YRS, WARD 185 DDA FLATS GOVINDPURI, NHP
PARK, SDMC, LAJPAT NAGAR ZONE, NEW DELHI.
29. HARI PARKASH (CHAUDHARY), S/O SH. RAMANAND
SHARMA, AGE 59 YRS, WARD 154, SUNDER NAGAR,
LAJPAT NAGAR ZONE, SDMC, NEW DELHI.
30. TARA CHAND (MALI), S/O SH. RAM KUMAR, AGE 57
YRS, WARD 157, JANGPURA, LAJPAT NAGAR ZONE,
12 OA-986/2016 with connected OAs.
SDMC, NEW DELHI.
31. VIKRAM SINGH (MALI), S/O SH. SURAT SINGH, AGE 56
YRS, WARD 261, NAGAR NIGAM SCHOOL, JOHRI
PUR, MCD, SHAHDARA NORTH, EDMC, NEW DELHI.
32. VEER MOHAMMAD (CHAUDHARY), S/O SH. SARDAR
KHAN, AGE 53 YRS, WARD 231-32, BALDEV PARK,
SHAHDARA SOUTH ZONE, EDMC, DELHI
33. SOURAJ (MALI), S/O SH. BHAGIRATH, AGE 52 YRS,
WARD 240, J &K DILSHAD GARDEN, EDMC, DELHI.
34. MAHIPAL (MALI), S/O SH. RAM BAKSH, AGE 58 YRS,
WARD 55, CA BLOCK, SHALIMAR BAGH, ROHINI
ZONE, NDMC, DELHI.
35. MAHINDER (MALI), S/O SH. ISHWARI, AGE 54 YRS,
WARD 24, HYDERPUR, AYURVEDI HOSPITAL, ROHINI
ZONE, NDMC, DELHI.
36. RAGHUBIR SINGH (MALI), S/O SH. KEWAL SINGH, AGE
57 YRS, BDFD BLOCK PITAMPURA, ROHINI ZONE,
NDMC, DELHI.
37. MAHESH CHAND (MALI), S/O SH. CHET RAM, AGE 61
YRS, MANGOLPUR, ROHINI ZONE, NDMC, DELHI.
38. GYAN CHAND (MALI), AGED ABOUT 55 YEARS, S/O
SH. JAIL PAL, POSTED AT :AMAR COLONY, WARD
NO.160, LAJPAT NAGAR ZONE, SDMC, NEW DELHI.
39. BIJENDER (MALI) S/O SH. OM PRAKASH, AGE 54
YEARS, POSTED AT WARD NO.154, SUNDER NAGAR,
LAJPAT NAGAR ZONE, SDMC, NEW DELHI.
40. RAM KUMAR (MALI), S/O SH. GURUDIN, AGE 54 YRS,
WARD 155 LAJPAT NAGAR-I, SDMC, NEW DELHI.
41. MURARI LAL (MALI), S/O SH. BHOLA RAM, AGE 52
YRS, WARD 190, LAJPAT NAGAR ZONE, SDMC, NEW
DELHI. .....APPLICANTS
VERSUS
1. SOUTH DELHI MUNICIPAL CORPORATION,
13 OA-986/2016 with connected OAs.
THROUGH ITS COMMISSIONER
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
2. THE DIRECTOR (HORT.)
SOUTH DELHI MUNICIPAL CORPORATION,
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
3. NORTH DELHI MUNICIPAL CORPORATION,
THROUGH ITS COMMISSIONER
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
4. THE DIRECTOR (HORT.)
NORTH DELHI MUNICIPAL CORPORATION,
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
5. EAST DELHI MUNICIPAL CORPORATION,
THROUGH ITS COMMISSIONER
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
6. THE DIRECTOR (HORT.)
EAST DELHI MUNICIPAL CORPORATION,
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
...RESPONDENTS
OA-1388/2016, MA-1373/2016
1. DESH PAL, S/O SH.ZILE SINGH, AGED 52 YRS, POST-
MALI, CENTRAL PARK, MIG WARD 24, SHAHADRA
NORTH ZONE, EDMC, DELHI.
2. SUNDER PAL, S/O SH. BABU RAM, AGED 55 YRS, POST-
PUMP OPERATOR, POSTED AT SEELAMPUR JHEEL,
SHAHADRA NORTH ZONE, EDMC, DELHI.
3. SHIV SINGH, S/O SH. BADAM SINGH, AGED 57 YRS,
POST-MALI, KARAWAL NAGAR, WARD 272,
SHAHADRA, EDCM, DELHI.
4. MAHA SINGH, S/O SH. HARI SINGH, AGED 57 YRS,
POST-MALI,WARD 259 NEW JAFRABAD, SHAHADRA
SOUTH, EDMC, DELHI.
5. DHARM PAL, S/O SH. NATTHA, AGED 63 YRS, POST-
MALI, C 10 NURSERY, YAMUNA VIHAR, SHAHADRA
NORTH, EDMC, DELHI.
6. HAKIM SINGH, S/O SH. DALEL SINGH, POST-MALI,
AGED 59 YRS, KACCHA BAGH, TOWN HALL, CITY
ZONE, NDMC, DELHI.
7. MAHENDRA SINGH, S/O SH. MIR SINGH, POST-MALI,
14 OA-986/2016 with connected OAs.
AGED 62 YRS, SECTOR-6, ROHINI ZONE, NDMC, DELHI.
8. GYANENDRA, S/O SH. JAIPAL SINGH, POST-MALI,
AGED 61 YRS, DSN NURSERY, KARAWAL NAGAR,
SHAHADRA NORTH ZONE, EDMC, DELHI.
9. DATA RAM, S/O SH. MADAN SINGH, POST-
CHAUDHARY, AGE 62 YRS
LAST POSTED AT LAJPAT NAGAR ZONE, SDMC, NEW
DELHI, R/O 33A SARAI KALE KHAN, NO.4101 WARD
156, KALKAJI, NEW DELHI.
10. RAM SHINGAR MISHRA (MALI), S/O SH. DEV
NARAYAN MISHRA, AGE 58 YRS, EDMC, MCD ZONAL
OFFICE, BEHIND KARKARDOOMA COURT,
SHAHDARA (SOUTH) NEW DELHI.
11. RAM AASRE (MALI), S/O SH. KANAHIYA, AGE 57 YRS,
EDMC, MCD ZONAL OFFICE, BEHIND
KARKARDOOMA COURT, SHAHDARA (SOUTH)
NEW DELHI.
12. SHISH PAL (MALI), S/O KHAJAN, AGE 56 YRS, EDMC,
MCD ZONAL OFFICE, BEHIND KARKARDOOMA
COURT, SHAHDARA (SOUTH) NEW DELHI.
13. PRAKASH (MALI), S/O SH. SUKKI, AGE 60 YRS, EDMC,
MCD ZONAL OFFICE, BEHIND KARKARDOOMA
COURT, SHAHDARA (SOUTH) NEW DELHI.
14. RAM KRIPAL, S/O SH. KHADER, AGE 55 YRS, EDMC,
MCD ZONAL OFFICE, BEHIND KARKARDOOMA
COURT, SHAHDARA (SOUTH)
NEW DELHI.
15. OM VIR (MALI), S/O BHRAM SINGH, AGE 57 YRS,
EDMC, MCD ZONAL OFFICE, BEHIND
KARKARDOOMA COURT, SHAHDARA (SOUTH)
NEW DELHI.
16. SURJAN SINGH (MALI), S/O SH. RAKAM SINGH, AGE
59 YRS, EDMC, MCD ZONAL OFFICE, BEHIND
KARKARDOOMA COURT, SHAHDARA (SOUTH) NEW
DELHI.
17. NET RAM SINGH (MALI), S/O SH. SHISHA RAM, AGE 60
YRS, EDMC, MCD ZONAL OFFICE, BEHIND
KARKARDOOMA COURT, SHAHDARA (SOUTH)
NEW DELHI.
18. SUKHPAL (MALI), S/O SH. BALAKRAM, AGE 57 YRS,
EDMC, MCD ZONAL OFFICE, BEHIND
KARKARDOOMA COURT, SHAHDARA (SOUTH)
NEW DELHI.
19. KRISHAN PAL (MALI), S/O SH. TILAK RAM, AGE 58 YRS,
EDMC, MCD ZONAL OFFICE, BEHIND
KARKARDOOMA COURT, SHAHDARA (SOUTH)
15 OA-986/2016 with connected OAs.
NEW DELHI.
20. RAMESH CHAND (CHOWKIDAR), S/O SH. CHANDER
PAL, AGE 57 YRS, EDMC, MCD ZONAL OFFICE,
BEHIND KARKARDOOMA COURT, SHAHDARA
(SOUTH) NEW DELHI.
21. BHRAM SINGH (MALI), S/O SH. TIKA RAM, AGE 59 YRS,
EDMC, MCD ZONAL OFFICE, BEHIND
KARKARDOOMA COURT, SHAHDARA (SOUTH) NEW
DELHI. ..... APPLICANTS
VERSUS
1. EAST DELHI MUNICIPAL CORPORATION
THROUGH COMMISSIONER
UDYOG SADAN, 419, PATPARGANJ INDL. AREA,
DELHI-110 092
2. THE DIRECTOR (HORT.)
EAST DELHI MUNICIPAL CORPORATION,
UDYOG SADAN, 419, PATPARGANJ INDL. AREA,
DELHI-110 092
3. NORTH DELHI MUNICIPAL CORPORATION,
THROUGH ITS COMMISSIONER
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
4. THE DIRECTOR (HORT.)
NORTH DELHI MUNICIPAL CORPORATION,
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
5. SOUTH DELHI MUNICIPAL CORPORATION,
THROUGH ITS COMMISSIONER
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
6. THE DIRECTOR (HORT.)
SOUTH DELHI MUNICIPAL CORPORATION,
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
..... RESPONDENTS
OA-1503/2016, MA-1488/2016
1. DEVENDER SINGH (MALI) S/O SH. PITAM SINGH, AGED ABOUT 55
YEARS, GTB ENCLAVE, F POCKET, NAND NAGRI, SHAHDARA
NORTH, DELHI.
16 OA-986/2016 with connected OAs.
2. SUBHASH CHAND (MALI) S/O SH. SUMER CHAND, AGED ABOUT
52 YRS, EDMC NORTH ZONE GTB ENGLCAVE, NAND NAGARI,
DELHI.
3. CHHATTER SINGH (MALI) S/O SH. AMER SINGH, AGE 56 YRS,
EDMC, DDA FLAT MANSAROVAR PARK, DELHI.
4. CHOTAN LAL (MALI) S/O SH. BRAHM SINGH, AGE 57 YRS EDMC,
DDA FLAT MANSAROVAR PARK, DELHI.
5. JASWANT (MALI) S/O SH. LAL SINGH, AGE 55 YRS, EDMC, DDA
FLAT MANSAROVAR PARK, DELHI.
6. SURENDER SINGH (MALI) S/O SH. HARI SINGH, AGE 55 YRS, EDMC,
MAYUR VIHAR PHASE-I, SHAHDARA SOUTH, DELHI.
7. MANI RAM (MALI) S/O SH. KHEM CHAND, AGE YRS, EDMC, LIG
FLAT EAST OF LONI ROAD, SHAHDARA, DELHI.
8. RAJENDER SINGH (MALI) S/O SH. MANGAL SINGH, AG 55 YRS,
EDMC, FRUIT & FLOWER GARDEN FIRST, JHEEL I, SHAHDARA,
DELHI.
9. RAMNATH (MALI) S/O SH. RANDHIR, AGE 62 YRS, EDMC, FRUIT &
FLOWER GARDEN FIRST, JHEEL I, SHAHDARA, DELHI.
10. AZAD SINGH (MALI) S/O SH. KHARAK SINGH, AGE 52 YRS, C-
BLOCK, DILSHAD GARDEN, SHAHDARA NORTH, DELHI.
11. PREMPAL SINGH (MALI) S/O SH. GIRRAJ SINGH, AGE 55 YRS,
EDMC LIG FLATS LONI ROAD, DELHI-93.
12. DHARAM SINGH (MALI) S/O LATE SH. RAJA RAM, AGE YRS,
EDMC MIG FLAT EAST LONI ROAD, DELHI-93.
13. RAM MEHAR (MALI) S/O SH. NAVAL SINGH, AGE 61 YRS, NDMC,
C-10, YAMUNA VIHAR DELHI.
14. RAVINDER PARSHAD (MALI) S/O SH. BISHAMBER DAYAL, AGE
YRS, EDMC GTB ENCLAVE, F POCKET, NAND NAGRI, SHAHDARA
17 OA-986/2016 with connected OAs.
NORTH, DELHI.
15. DULI CHAND (MALI) S/O SH. TOTA RAM, AGE 59 YRS, EDMC GTB
ENCLAVE, F POCKET, NAND NAGRI, SHAHDARA NORTH, DELHI.
16. SALIKRAM (MALI) S/O SH. RAM PYARE, AGE 59 YRS, EDMC LIG
FLAT LONI ROAD, DELHI-93.
17. SAMUIDDIN (MALI) S/O SH. MAHER DIN, AGE 54 YRS, EDMC GTB
ENCLAVE, JANTA FLAT NAND NAGRI, SHAHDARA NORTH, DELHI.
18. SHRIPAL (MALI) S/O SH. RAGIWAR DAYAL, AGE YRS, EDMC B-5,
NAND NAGAR NURSERY, NORTH ZONE, DELHI.
19. SAT PRAKASH (MALI) S/O SH. RAGHUNANDAN PRASAD, AGE 56
YRS, EDMC B-5, NAND NAGAR NURSERY, NORTH ZONE DELHI.
20. BALJEET SINGH (MALI) S/O SH. RAMJI LAL, AGE 53 YRS, EDMC B-5,
NAND NAGAR NURSERY, NORTH ZONE, DELHI.
21. CHAMAN SINGH (MALI), S/O SH. GODHU SINGH, AGE 55 YRS,
EDMC, POCKET J& K, DILSHAD GARDEN, SHAHADARA NORTH,
DELHI.
22. JATAN SINGH (MALI), S/O SH. SHIV NARAYAN, AGE 59 YRS, EMDC
POCKET-I, DILSHAD GARDEN, SHAHADARA NORTH, DELHI.
23. SARJEET (MALI), S/O SH. RAM CHANDER, AGE 58 YRS, EDMC,
POCKET-1, DILSHAD GARDEN, SHAHADARA NORTH, DELHI.
24. BIRPAL SINGH (MALI), S/O SH. SHYAM SINGH, AGE 53 YRS, EDMC,
POCKET-1, DILSHAD GARDEN, SHAHADARA NORTH, DELHI.
25. BRAHAMPAL (MALI), S/O SH. RATI RAM, AGE 59 YRS, EDMC,
SUNDER NAGARI, SHAHADARA NORTH, DELHI.
26. RAM PAT (MALI) S/O SH. MAN CHAND, AGE 56 YRS, EDMC,
SUNDER NAGARI,
SHAHADARA NORTH, DELHI.
18 OA-986/2016 with connected OAs.
27. NARESH CHAND (CHOWKIDAR) S/O SH. CHANDER PAL, AGE 57
YRS, EDMC NORTH ZONE GTB ENGLCAVE, NAND NAGARI, DELHI.
28. MAHENDRA SINGH (MALI) S/O SH. RAM PRASAD, AGE 61 YRS,
EDMC, GOKULPURI, DELHI.
29. MAHENDRA SINGH (CHOWKIDAR) S/O SH. BALJEET SINGH, AGE 55
YRS,
EDMC LIG FLATS, LONI ROAD, DELHI-93.
30. BRAHMPAL SINGH (MALI) S/O SH. RAMESHWAR, AGE 55 YRS,
EDMC, FRUIT & FLOWER GARDEN FIRST, JHEEL I, SHAHDARA, DELHI.
31. VIRENDER KUMAR (MALI) S/O SH. SHRIRAM, AGE YRS, EDMC
LIG FLATS, EAST OF LONI ROAD, DELHI-93.
32. DHARMVIR (MALI) S/O SH. CHHOIRAM, AGE YRS, EDMC, NEW
SEELAMPUR, HORTICULTURE DEPARTMENT KESHAV CHOWK,
SHAHDARA NORTH ZONE, DELHI.
33. SUBHASH CHAND (CHOWKIDAR), S/O SH.KUNDAN LAL , AGE 55
YRS, SDMC, SUBHASH NAGAR WEST ZONE, NEW DELHI.
34. OM PRAKASH (CHOWKIDAR), S/O SH.SHRIRAM, AGE 51 YRS,
SDMC, NO.2 NURSERY PUNJABI BAGH, NEW DELHI.
35. SATPAL (MALI) S/O DHAN SINGH, AGE 56 YRS, SDMC, HERBAL
GARDEN WEST PUNJABI BAGH, NEW DELHI.
36. RAMESH KUMAR (CHOWKIDAR), S/O SH. JAL SINGH, AGE 49 YRS,
SDMC, PUNAJBI BAGH WEST ZONE, NEW DELHI.
37. RAJVIRI (MALI) W/O SH.SUKKE, AGE 56 YRS, SDMC, B BLOCK
VIKASPURI, WEST ZONE, NEW DELHI.
38. BIJENDER (CHOWKIDAR), S/O LATE SH. DURGADIN , AGE 56 YRS,
SDMC, B BLOCK NURSERY VIKAS PURI, NEW DELHI
39. SURESH KUMAR (MALI) S/O SH. RAVI SHANKAR, AGE 57 YRS
SDMC, NAJAFGARH WEST ZONE, NEW DELHI.
40. UPENDER MEHTO (MALI) S/O SH. BHOLA MEHTO, AGE 53 YRS
SDMC, VIKASPURI WEST ZONE, NEW DELHI.
19 OA-986/2016 with connected OAs.
41. SATISH KUMAR (MALI) S/O SH. RAM CHANDER, AGE 53 YRS
SDMC, WEST ZONE, NEW DELHI.
42. MADAN LAL (MALI) S/O SH.ISWAR RAM, AGE 50 YRS SDMC, WEST
ZONE, NEW DELHI.
43. NET RAM (CHOWKIDAR) S/O SH.JAI SINGH , AGE 57 YRS SDMC,
VIKASPURI B BLOCK WEST ZONE, NEW DELHI.
44. VED SINGH (MALI) S/O SH.JOHARI, AGE 52 YEARS SDMC, WEST
ZONE, NEW DELHI.
45. RAM DAS (MALI) S/O SH.RAM SAHAY, 59 YEARS SDMC, WEST
ZONE, NEW DELHI.
46. RAM SAGAR (MALI) S/O SH.NIRSU RAI, AGE 55 YRS SDMC, WEST
ZONE, NEW DELHI.
47. RAJAN (MALI) S/O SH.MATTU SWAMI, AGE 55 YRS SDMC, WEST
ZONE, NEW DELHI.
48. RISHIPAL (MALI) S/O LATE SH.BRAHM JEET SINGH , AGE 56 YRS
SDMC, WEST ZONE, NEW DELHI.
49. PALNI APPAN (MALI) S/O SH.CHELLA MUTHU, AGE 58 YRS SDMC,
WEST ZONE, NEW DELHI.
50. KAMESHWAR (MALI) S/O SH.HIRA SHAH, AGE 54 YRS SDMC, G
BLOCK, VIKASPURI WEST ZONE, NEW DELHI.
51. KHANDU (MALI) S/O RAM CHANDER , AGE 55 YRS SDMC, WEST
ZONE, NEW DELHI.
52. CHANDESHWAR (MALI) S/O SH.RAMJIVAN, AGE 54 YRS SDMC, G
BLOCK VIKASPURI WEST ZONE, NEW DELHI.
53. KANTA (MALI) S/O SH. BASANT, AGE 55 YEARS SDMC, WEST ZONE,
NEW DELHI.
54. GURUCHARAN (MALI) S/O SH.RAM GADDHI, AGE 59 YRS SDMC,
NAJAFGARH ZONE, NEW DELHI.
55. BABURAM (MALI) S/O SH. NANNU, AGE 58 YRS SDMC,
NAJAFGARH ZONE, NEW DELHI.
20 OA-986/2016 with connected OAs.
56. PUROSHTTAM LAL SHARMA (CHOWKIDAR) S/O SH. DHULIRAM,
AGE 52 YRS
SDMC, VIKASPURI B BLOCK WEST ZONE, NEW DELHI.
57. RAM KUMAR (MALI) S/O SH. BOHCHAND , AGE 54 YRS WARD
NO.123 BLOCK B NURSERY, SDMC, WEST ZONE, NEW DELHI.
58. RAM PRATAP (MALI) S/O PANNA LAL, AGE 56 YRS SDMC, WEST
ZONE, NEW DELHI.
59. ATTAR SINGH (MALI) S/O SH.PRITHI SINGH, AGE 50 YRS SDMC,
HERBAL GARDEN WEST PUNJABI BAGH, NEW DELHI.
60. BAL KRISHAN (CHOWKIDAR) S/O SUDHURAM, AGE 58 YRS SDMC,
WEST ZONE, NEW DELHI.
61. RAVINDRA KUMAR (CHOWKIDAR) S/O SH.BHANDARI, AGE 50 YRS
BIC NO.10037361 SDMC, HERBAL GARDEN WEST PUNJABI BAGH,
NEW DELHI.
62. SHRI BHAGWAN (MALI) S/O SH. JOGSARAN, AGE 51 YRS BIC
NO.10037351, SDMC, HERBAL GARDEN WEST PUNJABI BAGH, NEW
DELHI.
63. HAR GOVIND (MALI) S/O SH.TOFAN, AGE 57 YRS SDMC,
NAJAGAGARH ZONE, NEW DELHI
64. RAMNIWAS (MALI) S/O SH. MAM CHAND , AGE 55 YRS SDMC,
WEST ZONE, NEW DELHI.
65. PITAM (MALI) S/O TULERAM, AGE 58 YRS BLOCK C, DILSHAD
GARDEN, SHAHDARA NORTH, EDMC, DELHI.
66. CHALITTARDASS (MALI) S/O SH. PANCHUDASS, AGE 56 YRS
BLOCK C, DILSHAD GARDEN, SHAHDARA NORTH, EDMC, DELHI.
67. BRAHAM PAL (MALI) S/O SH. RAJA RAM, AGE 52 YRS BLOCK C,
DILSHAD GARDEN, SHAHDARA NORTH, EDMC, DELHI.
68. VED PRAKASH (MALI) S/O SH. JAGRAM, AGE 56 YRS BLOCK C,
DILSHAD GARDEN, SHAHDARA NORTH, EDMC, DELHI.
69. RAM PRASAD (MALI) S/O SH. BABAN SAH R/O H.NO.48, VIJAY
NAGAR,
MOHAN GARDEN, A BLOCK, UTTAM NAGAR, NEW DELHI.
21 OA-986/2016 with connected OAs.
CONCERNED DEPARTMENT OF THE CORPORATION: ACA, WEST
ZONE, SDMC
70. KANDA SWAMI (MALI) S/O SH. MUTHU SWAMY, R/O E-139, DD
COLONY, KHYALA, VISHNU GARDEN, NEW DELHI-18. CONCERNED
DEPARTMENT OF THE CORPORATION: ACA, WEST ZONE, SDMC
71. RAM CHANDER (MALI) S/O SH. RAM AVTAR R/O VIKAS VIHAR,
VIKAS ENCLAVE, H.NO.100-B, GALI NO.9, NEW DELHI-110059.
CONCERNED DEPARTMENT OF THE CORPORATION: ACA, WEST
ZONE, SDMC
72. PARWATI (MALI) W/O SH. SHIVLAL R/O JHUGGI NO.24, SHANKAR
GARDEN,
NEW DELHI. CONCERNED DEPARTMENT OF THE CORPORATION:
ACA, WEST ZONE, SDMC
73. SHIVLAL (MALI) S/O DASWA R/O JHUGGI NO.24, SHANKAR
GARDEN, NEW DELHI. CONCERNED DEPARTMENT OF THE
CORPORATION: ACA, WEST ZONE, SDMC
74. SMT. DURGEE (MALI) W/O GOPAL, R/O GALI NO.21, KRISHNA
PARK, SHANKAR GARDEN, NEW DELHI. CONCERNED
DEPARTMENT OF THE CORPORATION: ACA, WEST ZONE, SDMC
75. BALWAN SINGH (POST-CHOWKIDAR) S/O SH. MIHURAM R/O
H.NO.40, MAHESH GARDEN, JHARODA KALAN, NEAR ANAJ
MANDI, NAJAFGRAH, NEW DELHI-110043.
76. RAJPAL (MALI) S/O MUKHTAR SINGH , AGE 54 YRS EDMC,
SHAHADRA NORTH ZONE, DELHI.
77. RAM BHAJAN (MALI) S/O SH. NAUBAT SINGH AGED 59 YEARS
MCD (HORT.) KHEL GAON, SDMC, NEW DELHI.
78. KIRAN PAL SINGH POST CHOWKIDAR S/O JAGAT SINGH AGE 53
YEARS POSTED AT: WARD NO.213, KALYANPURI, AMBEDKAR PARK,
EDMC, NEW DELHI
79. DEV NARAYAN, POST MALI, S/O SHITLABAX SINGH, AGE 58 YEARS,
POSTED AT: WARD NO.214, MAYUR VIHAR PHASE-2, EDMC, NEW
DELHI
80. NAFEES AHMED, S/O ALLAH BANDA, AGE 52 YEARS, POST MALI,
POSTED AT: MAYUR VIHAR PHASE-II, WARD NO.219, EDMC, NEW
DELHI
22 OA-986/2016 with connected OAs.
81. BABU RAM POST: MALI S/O MAM CHAND AGE 62 YEARS LAST
POSTED AT : WARD NO.214, MAYUR VIHAR PHASE-2, EDMC, NEW
DELHI
82. VED PAL S/O SAUGA AGE 53 YEARS POST MALI POSTED AT:
MAYUR VIHAR PHASE-II, WARD NO.215, EDMC, NEW DELHI
83. TEJ PAL, S/O SHIVCHARAN, AGE 54 YEARS POST MALI POSTED AT:
MAYUR VIHAR PHASE-III, WARD NO.215, EDMC, NEW DELHI
84. NAND LAL S/O KAMESWAR AGE 56 YEARS POST MALI POSTED AT:
MAYUR VIHAR PHASE-II, WARD NO.215, EDMC, NEW DELHI
85. GULAB SINGH POST CHOWKIDAR S/O MOTI LAL AGE 58 YEARS
POSTED AT: POCKET-C, MAYUR VIHAR PHASE-2, WARD NO.219,
EDMC, NEW DELHI
86. RAJ KUMAR, POST CHOWKIDAR S/O KULKUL JHA AGE 59 YEARS
POSTED AT: MAVYUR VIHAR PHASE-2, WARD NO.219, EDMC, NEW
DELHI
87. KHUSHI RAM (MALI) S/O JEET RAM, AGE __ YRS, SOUTH DELHI
MUNICIPAL CORPORATION,
DEPARTMENT OF HORTICULTURE, WEST ZONE, RAJOURI GARDEN,
NEW DELHI.
88. JAI PRAKASH (MALI) S/O SH. DAYA CHAND, AGE __ YRS, SOUTH
DELHI MUNICIPAL CORPORATION, DEPARTMENT OF
HORTICULTURE, WEST ZONE, RAJOURI GARDEN, NEW DELHI.
89. SHRI JAGBIR SINGH S/O SH. BALU RAM POST-MALI NO.10002840
AGE 58
YRS RAJIV GANDHI SMRITI-1, HQ CIVIC CENTRE, NEW DELHI
90. UMED SINGH S/O SH. RAN SINGH POST-CHOWKIDAR
NO.10004950 AGE 54 YRS WARD 158, DHARAMBHAWAN, SOUTH
EXTENSION PART-I, LAJPAT NAGAR ZONE, SDMC, NEW DELHI
91. PRAHLAD SINGH S/O SH. CHHOTU RAM POST-MALI NO.10004949
AGE 54
YRS WARD 158, DHARAMBHAWAN, SOUTH EXTENSION PART-I,
LAJPAT NAGAR ZONE, SDMC, NEW DELHI
92. RAM VILAS S/O SH. SARLSHA, POST-MALI, NO.10006733 AGE 54
YRS
WARD 166 MUNIRKA VILLAGE, GREEN PARK ZONE, SDMC, NEW
23 OA-986/2016 with connected OAs.
DELHI
93. LAL SINGH S/O SH. BANSI POST-MALI NO.10004859 AGE 55 YRS
WARD 156, LAJPAT NAGAR ZONE, SDMC, NEW DELHI
94. RAGHU NATH S/O SH. MATHURA PRASAD POST-MALI
NO.10006731 AGE 55
YRS WARD 165 MUNIRKA DDA FLATS, GREEN PARK ZONE, SDMC,
NEW DELHI
95. VIRJU SHAH S/O SH. BENESWARI SHAH POST-MALI NO.10006735
AGE 55
YRS WARD 166 MUNIRKA VILLAGE, GREEN PARK ZONE, SDMC,
NEW DELHI
96. OM DUTT S/O SH. NAL SINGH POST-MALI NO.10006634 AGE 59
YRS
GREEN PARK NURSERY, GREEN PARK ZONE, SDMC, NEW DELHI
97. BEDO W/O SH. HARI SINGH POST-MALI NO.10006839 AGE 60 YRS
WARD 171, B-10, VASANT KUNJ, GREEN PARK ZONE, SDMC, NEW
DELHI
98. RASHNI W/O SH. JEET RAM POST-MALI AGE 61 YRS WARD B-10,
VASANJT KUNJ, SDMC, GREEN PARK ZONE, NEW DELHI
99. KALU S/O SH. CHHOTU POST-MALI AGE 61 YRS WARD 172, B-1,
VASANT KUNJ, GREEN PARK ZONE, SDMC, NEW DELHI
100. SATBIR S/O SH. CHHATAR SINGH POST-MALI AGE 61 YRS WARD
161 NAVJIVAN VIHAR, AURBINDO COLLEGE, GREEN PARK ZONE,
SDMC, NEW DELHI
101. CHHOTE LAL S/O SH. RAM LAL POST-MALI NO.10006825
AGE 63 YRS
WARD 171, B-10, VASANT KUNJ, GREEN PARK ZONE, SDMC, NEW
DELHI
102. SUBBADI S/O SH. RAM NIWAS POST-MALI
AGE 64 YRS SAVITRI CINEMA, GK-II, GREEN PARK ZONE, SDMC,
NEW DELHI
103. PANNA LAL S/O SH. BHDH RAM POST-MALI AGE 66 YRS
KHELGAON, SHAHPUR JAT, GREEN PARK ZONE, SDMC, NEW DELHI
24 OA-986/2016 with connected OAs.
104. BHAGIRATH, S/O KALLU SINGH, POST-MALI, AGE 62 YRS, BIC
NO.10037394, R/O A-77, DEEPAK VIHAR NILOTHI EXTN.,
NANGALOI, DELHI-41 CONCERNED DEPARTMENT OF THE
CORPORATION:ACA, WEST ZONE SDMC.
...APPLICANTS
VERSUS
1. NORTH DELHI MUNICIPAL CORPORATION,
THROUGH COMMISSIONER,
DR. S P MUKHERJEE, CIVIC CENTER,
J L NEHRU MARG, MINTO ROAD,
NEW DELHI-110002.
2. THE ASSISTANT COMMISSIONER (HORT.)
NORTH DELHI MUNICIPAL CORPORATION,
DR. S P MUKHERJEE, CIVIC CENTER,
J L NEHRU MARG, MINTO ROAD,
NEW DELHI-110002.
3. SOUTH DELHI MUNICIPAL CORPORATION,
THROUGH COMMISSIONER,
DR. S P MUKHERJEE, CIVIC CENTER,
J L NEHRU MARG, MINTO ROAD,
NEW DELHI-110002.
4. THE DIRECTOR (HORT.)
SOUTH DELHI MUNICIPAL CORPORATION,
DR. S P MUKHERJEE, CIVIC CENTER,
J L NEHRU MARG, MINTO ROAD,
NEW DELHI-110002.
5. EAST DELHI MUNICIPAL CORPORATION
THROUGH COMMISSIONER
UDYOG SADAN, 419, PATPARGANJ INDL. AREA,
DELHI-110 092
6. THE DIRECTOR (HORT.)
EAST DELHI MUNICIPAL CORPORATION,
UDYOG SADAN, 419, PATPARGANJ INDL. AREA,
25 OA-986/2016 with connected OAs.
DELHI-110 092
OA-1769/2016, MA-1744/2016
1. NARENDER, S/O TEJ RAM, AGE 50 YEARS, POST
CHOWKIDAR
POSTED AT: PHYSICAL CENTRE, POOTH KALAN
ROHINI, NDMC, NEW DELHI
2. SUBHASH, S/O RAM RANG, AGE 56 YEARS, POST
CHOWKIDAR
POSTED AT: I BLOCK BARAT GHAR, MANGOLPURI,
ROHINI, NDMC, NEW DELHI
3. SHAMBHOO NATH SINGH, POST CHOWKIDAR, AGE
51 YEARS, S/O SH. RAJ KISHORE SINGH, POSTED AT: C-
BLOCK COMMUNITY CENTRE, ROHINI, SECTOR-3,
NDMC, NEW DELHI
4. JAI SINGH, S/O RAM DAYAL, POST CHOWKIDAR, AGE
57 YEARS,POSTED AT: K BLOCK BARAT GHAR,
MANGOLPURI, ROHINI, NDMC, NEW DELHI
5. GANDHI SINGH, POSTED CHOWKIDAR, S/O SAHIB
SINGH, AGE 54 YEARS, POSTED AT: U BLOCK BARAT
GHAR, MANGOLPURI, ROHINI, NDMC, NEW DELHI
6. NARENDER KUMAR, POST CHOWKIDAR, AGE 53
YEARS, S/O BHAGWAT PRASAD, GYM & RECREATION
CENTRE, 3, ROHINI, DELHI, NDMC, NEW DELHI
7. RAJINDER SINGH, POST CHOWKIDAR, AGE 55 YEARS,
S/O RAM SWAROOP, POSTED AT: U BLOCK SULTAN
MAGRA, MANGOLPURI, ROHINI, NDMC, NEW DELHI
8. UMESH THAKUR, S/O RAMA KANT THAKUR, AGE 53
YEARS, POST CHOWKIDAR, POSTED AT: K BLOCK
BARAT GHAR, MANGOLPURI, ROHINI, NDMC, NEW
DELHI
26 OA-986/2016 with connected OAs.
9. SATYAVIR SINGH, S/O SARANI PRASAD, AGE 53
YEARS, POST CHOWKIDAR, POSTED AT: 16 RAJPUR
ROAD, NDMC, NEW DELHI
10. SHYAM NARAIN, S/O NAND KISHORE, AGE 55 YEARS,
POST CHOWKIDAR, POSTED AT: S BLOCK BARAT
GHAR, MANGOLPURI, ROHINI, NDMC, NEW DELHI
11. TAPESHWAR PRASAD, S/O SUKH SAHAB, AGE 57
YEARS, POST CHOWKIDAR, POSTED AT: C BLOCK
BARAT GHAR, MANGOLPURI, ROHINI, NDMC, NEW
DELHI
12. CHHOTU RAM, POST CHOWKIDAR, AGE 57 YEARS,
S/O SH. GURPATRI
POSTED AT: I BLOCK, BARAT GHAR, MANGOLPURI,
ROHINI, NDMC, NEW DELHI
13. CHANDER PRAKASH, S/O MANGAL DAS, AGE 52
YEARS, POST CHOWKIDAR, POSTED AT: C BLOCK
BARAT GHAR, MANGOLPURI, ROHINI, NDMC, NEW
DELHI
14. OFFIMIAN, S/O KUDARAT MIAN, AGE 56 YEARS, POST
CHOWKIDAR
POSTED AT: Y BLOCK BARAT GHAR, MANGOLPURI,
ROHINI, NDMC, NEW DELHI.
...APPLICANTS
VERSUS
1. NORTH DELHI MUNICIPAL CORPORATION,
THROUGH ITS COMMISSIONER
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
2. THE DIRECTOR (HORT.)
NORTH DELHI MUNICIPAL CORPORATION,
DR SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-110011.
...RESPONDENTS
OA-1814/2016, MA-1775/2016
27 OA-986/2016 with connected OAs.
1. JAGAT SINGH, POST-CHOWKIDAR,
S/O SH. KADAM SINGH, AGE 60
YEARS, DIVISION 22, MCD OFFICE,
ENGINEERING DEPARTMENT,
YAMUNA VIHAR, K.G. PARK,
C-12, SHAHADRA NORTH, DELHI.
2. OM PRAKASH, POST-CHOWKIDAR,
S/O SH. BANARASI, DIVISION 19,
MCD OFFICE, ENGINEERING DEPARTMENT M-1,
NEAR GENERAL HOSPITAL, SHAHADRA NORTH,
DELHI. .... APPLICANTS
VERSUS
1. NORTH DELHI MUNICIPAL CORPORATION
THROUGH ITS COMMISSIONER,
DR. SPM CIVIC CENTRE,
MINTRO ROAD, NEW DELHI-11.
2. THE DIRECTOR (HORT.),
NORTH DELHI MUNICIPAL CORPORATION,
DR. SPM CIVIC CENTRE, MINTO ROAD,
NEW DELHI-11.
3. EAST DELHI MUNICIPAL CORPORATION
THROUGH COMMISSIONER,
UDYOG SADAN, 419, PATPARGANJ IND. AREA,
DELHI-92.
..... RESPONDENTS
PRESENT : Mrs. Rekha Palli, Senior Advocate with Ms. Shruti Munjal,
Ms. Ankita Patnaik and Sh. S.A. Akhtar, Advocates for
applicants.
Sh. M.S. Reen, Ms. Anupama Bansal, Sh. R.N. Singh, Sh. R.K.
Jain and Sh. Satyendra Kumar for Sh. K.M. Singh, Advocates
for respondents.
28 OA-986/2016 with connected OAs.
ORDER
Mr. Shekhar Agarwal, Member (A) All these OAs are similar and are, therefore, being disposed of by this common order.
2. The applicants were appointed in Delhi Development Authority (DDA) as Malis, Chowkidars and Pump Operators on different dates from 1976 to 1989. During the period from 1988 to 2002, they were transferred to Municipal Corporation of Delhi (MCD) on different dates vide various transfer orders. In all these orders, it was clearly mentioned that an employee of DDA after transfer to MCD would hold office by the same tenure remunerations and on the same terms and conditions of service as he would have held had he continued to be in DDA. On 09.08.1999, when ACP Scheme was introduced, MCD granted benefit of 1st ACP to them vide orders dated 23.08.2005 but all of them were placed in a pay scale lower than the one granted to their counterparts, who were working in DDA. Further, on 12.03.2008, through a reply received to the RTI query, the President of the applicants' Union came to know that Hon. L.G. of Delhi had approved a proposal of DDA for relaxation of educational qualifications for the purpose of grant of ACP Scheme in respect of Pump Operators, Malis and Security Guards working in 29 OA-986/2016 with connected OAs.
DDA. Some of the employees similarly placed as the applicants then filed a Writ Petition before Hon'ble High Court of Delhi. This was, however, transferred to this Tribunal. It was allowed on 18.11.2009 by an order, the operative part of which reads as follows:-
"6. On careful consideration of the rival contentions of the parties, in our considered view, on transfer of applicants from DDA to MCD what has been protected and safeguarded is not the terms and conditions, as existed but also on the premise that the same would be admissible if they had continued to be in DDA. This clearly establishes that even the future benefits are also protected in DDA. The only exception to deny is when the terms and conditions are altered by the Corporation, which have not been altered. As we find that in DDA the higher pay scale has been given to these categories as ACP pay scale, the same having been lowered down, without any alteration of service conditions, the conditions are disadvantageous to the applicants and they are altered to their detriment without any opportunity, which cannot be countenanced in law.
7. Accordingly, the TAs stand disposed of with a direction to the respondents to consider the claim of applicants for enhancing the pay scale in ACP, within a period of three months from the date of receipt of a copy of this order. No costs.
Let a copy of this order be also kept in TA No.933/2009."
3. Aggrieved by the aforesaid order, the respondents challenged the same before Hon'ble High Court of Delhi vide WP(C) Nos. 2621/2010 (MCD Vs. Ram Avtar & Ors.) and 2671/2010 (MCD Vs. Virender Singh & Ors.). These were disposed of on 01.03.2012, the operative part of the order being as follows:-
"4. However, on construing and considering the provisions of clause 6 of the terms and conditions of transfer, it is apparent that the private respondents were entitled to the same terms 30 OA-986/2016 with connected OAs.
and conditions of service as they would have had if they had continued with the DDA unless and until such tenure, remuneration and terms and conditions were duly altered by the MCD. Admittedly, there has been no such alteration of the terms and conditions of service. Consequently, the private respondents would be entitled to be treated as if they had continued with the DDA and, therefore, all the benefits that would have been derived by them had they continued with the DDA, would be available to them. This is exactly what the Tribunal has decided, as would be apparent from the following extract:-
"6. On careful consideration of the rival contentions of the parties, in our considered view, on transfer of applicants from DDA to MCD what has been protected and safeguarded is not the terms and conditions, as existed but also on the premise that the same would be admissible if they had continued to be in DDA. This clearly establishes that even the future benefits are also protected in DDA. The only exception to deny is when the terms and conditions are altered by the Corporation, which have not been altered. As we find that in DDA the higher pay scale has been given to these categories as ACP pay scale, the same having been lowered down, without any alteration of service conditions, the conditions are disadvantageous to the applicants and they are altered to their detriment without any opportunity, which cannot be countenanced in law.
7. Accordingly, the TAs stand disposed of with a direction to the respondents to consider the claim of applicants for enhancing the pay scale in ACP, within a period of three months from the date of receipt of a copy of this order. No costs."
5. We see no reason to interfere with the impugned order passed by the Tribunal. The writ petitions are dismissed." 3.1 SLP filed against the same was dismissed by Hon'ble Supreme Court on 02.07.2013. Thereafter, the respondents implemented the aforesaid order. After trifurcation of MCD, the North DMC on 17.09.2013 passed orders for implementation of the aforesaid 31 OA-986/2016 with connected OAs.
directions of the Court and the petitioners in the Writ Petitions were granted respective pay scale in the ACP at par with their counterparts in DDA. Applicants filed various OAs before this Tribunal claiming that they were similarly places as petitioners in the above mentioned Writ Petitions and, therefore, deserve the same benefits. These OAs were allowed by the Tribunal and the applicants herein were also extended the same benefits.
3.2 However, on 19.02.2016, the respondents passed the impugned order directing not only reduction of the pay of the applicants by granting them ACP benefits in lower pay scales but also ordering recovery of excess payment made to them. The applicants made a representation on 04.03.2016 but have not received any response thereto. Hence, they have filed the present O.A. seeking the following relief:-
"(A) Set aside the order dated 19.02.2016 (Impugned) passed by the Respondent No.1;
(B) Direct the Respondents to grant ACP benefits to the Applicants as per scales mentioned in Para 4.8 above; (C) Pass any other appropriate order or relief which this Hon'ble Tribunal deems fit and proper."
4. The contention of the applicants is that the impugned order has been passed by the respondents in violation of the principles of natural justice and is based on incorrect premise. It over looked the facts that DDA had repeatedly informed the MCD that Malis, 32 OA-986/2016 with connected OAs.
Chowkidars, Pump Operators have been granted relaxation in educational qualifications for grant of ACP in DDA and, therefore, the applicants herein also deserve the same treatment. The impugned order has also been passed in violation of the observations of Hon'ble High Court of Delhi and is thus contemptuous. It is an effort on the part of the respondents to erroneously and deliberately overreach the orders passed by Hon'ble High Court of Delhi. Thus, the impugned order is wholly perverse and has been passed with the intention of depriving the applicants of the benefits granted to them by the Hon'ble High Court of Delhi and upheld by Hon'ble Supreme Court.
5. In their reply, North DMC has submitted that the decision taken by them was in accordance with the Instructions of DoP&T. In these Instructions it has been prescribed that the norms for granting ACP benefits would be the same as were prescribed for granting promotion to the next higher grade as per Recruitment Rules (RRs). Thus, only those employees, who fulfil all promotional norms, such as, eligible service, higher educational qualifications etc. and are eligible for promotion to the next higher grade only can be considered for benefit under ACP, since ACP is given in lieu of promotion. DoP&T has also directed that cases of employees who have been granted ACP benefit in violation of these Instructions be reviewed and recovery of excess payment be made from them. In 33 OA-986/2016 with connected OAs.
their counter reply, the respondents North DMC has relied on several judgments, such as, State of Orissa Vs. Balaram Sahu, (2003) 1 SCC 250, S.C. Chandra and Ors. Vs. State of Jharkhand and Ors., 2007(8)SCC 279, Dhirendra Chamoli and Anr. Vs. State of UP, (1986) 1 SCC 637, Surinder Singh Vs. Engineer-in-Chief, CPWD, (1986) 1 SCC 639 and Randhir Singh Vs. UOI, (1982) 1 SCC 618. However, these were not pressed during the course of arguments. In short, the contention of the respondents is that the applicants had been granted ACP benefit in a scale higher than their entitlement despite the fact that they did not possess the necessary educational qualifications. Hence, it has become necessary to rectify this error and recover the excess payment made to them.
6. More or less similar replies have been filed in all the OAs by the respondents. In OA-1388/216 (Desh Pal & Ors. Vs. East DMC), in reply filed through learned counsel Sh. R.N. Singh the respondents have also submitted that the relaxation granted by Hon. L.G. in DDA to grant ACP benefit without insisting on educational qualification was applicable only to those employees, whose names were mentioned in the aforesaid proposal and not to all employees of DDA. This is also evident from the fact that no office order/circular for relaxation in educational qualification for DDA employees had been issued by DDA. Further, vide their letter dated 19.01.2016 (Annexure-R-4) DDA has provided to North DMC copies of RRs of various posts of DDA in 34 OA-986/2016 with connected OAs.
connection with Court cases. This was in response to several letters written by the Corporation requesting DDA to let them know the pay scales granted to the employees as benefit of ACPs and also whether educational qualifications of the next higher post were ignored while granting such upgradation. Thus, DDA have not informed the respondents that educational qualifications have been relaxing while granting ACP benefits.
7. During the course of arguments, learned counsel for the respondents Sh. R.N. Singh relied on the judgments of Hon'ble High Court of Delhi in WP(C)-5146/2012 (UOI Vs. Delhi Nurses Union (Regd.) & Anr., WP(C)-3420/2010 (R.S. Sengor & Ors. Vs. UOI & Ors.) and WP(C) No. 5082/2013 (Swaran Pal Singh & Ors. Vs. UOI & Ors.) and the judgment of the Calcutta Bench of this Tribunal in OA- 351/00195 (Sh. S.H.K. Murti & Ors. Vs. UOI & Ors.) and submitted that ACP benefit has to be granted as per provisions of the Scheme as has been held in these judgments. Along with the ACP Scheme as Annexure-II a standard table of pay scales is available. The respondents have been guided by this table while determining the scale applicable to the applicants herein at the time of grant of ACP benefits.
8. We have heard the parties and have perused the material placed on record. We find merit in the submission of the 35 OA-986/2016 with connected OAs.
respondents that since ACP is granted in lieu of promotion, the norms for granting ACP benefits and promotion are the same. Therefore, if the RRs provide that educational qualifications mentioned in Rules shall be required for promotional post also, then the same shall remain applicable even for grant of ACP benefits. We also notice from the RRs that for the posts held by the applicants, the prescribed qualification was Bachelor's Degree in Agriculture or Horticulture or Forestry or equivalent for Malis. For Pump Operators, the prescribed qualification was 10th pass/High School from recognized Board/School or equivalent with Mathematics & Engineering Drawing as one of the subjects. We further notice that these qualifications have been prescribed not only for direct recruitment but also for promotion purposes. Thus, the respondents are right in saying that these qualifications are necessary for grant of ACP benefits in the next promotional scale as well, if no relaxation is granted.
9. However, we do not find any merit in the contention of the respondents that the scale to be granted to the applicants has to be according to the standard table of pay scales available at Annexure-II to the ACP Scheme. This is because a mere reading of the aforesaid Annexure would make it evident that it has been provided as a reference to Para-7 of the ACP Scheme. Para-7 of the Scheme reads as follows:-
36 OA-986/2016 with connected OAs.
"7. Financial upgradation under the Scheme shall be given to the next higher grade in accordance with the existing hierarchy in a cadre/category of posts without creating new posts for the purpose. However, in case of isolated posts, in the absence of defined hierarchical grades, financial upgradation shall be given by the Ministries/Departments concerned in the immediately next higher (standard/common) pay-scales as indicated in Annexure-II which is in keeping with Part-A of the First Schedule annexed to the Notification dated September 30, 1997 of the Ministry of Finance (Department of Expenditure). For instance, incumbents of isolated posts in the pay-scale S-4, as indicated in Annexure-II, will be eligible for the proposed two financial upgradations only to the pay-scales S-5 and S-6. Financial upgradation on a dynamic basis (i.e. without having to create posts in the relevant scales of pay) has been recommended by the Fifth Central Pay Commission only for the incumbents of isolated posts which have no avenues of promotion at all. Since financial upgradations under the Scheme shall be personal to the incumbent of the isolated post, the same shall be filled at its original level (pay-scale) when vacated. Posts which are part of a well-defined cadre shall not qualify for the ACP Scheme on 'dynamic' basis. The ACP benefits in their case shall be granted conforming to the existing hierarchical structure only;"
9.1 It is evident from perusal of the above that the standard table given as Annexure was applicable only for isolated posts where promotional hierarchy was not defined. It cannot be applied to the instant case where promotional scales as well as promotional posts are clearly provided for in the RRs.
10. We have considered the submissions of the parties. In our opinion, the issue that employees transferred to MCD from DDA would continue to get the benefit of the same terms and service conditions as were applicable to their counterparts in DDA has been settled by Hon'ble High Court by their judgments in WP(C) Nos.
37 OA-986/2016 with connected OAs.
2621/2010 and 2671/2010. Hon'ble High Court has held that such employees would continue to get the same treatment and conditions of service as they would have had if they had continued with DDA until and unless there is any alteration made by MCD. There is no dispute that MCD has not made any alteration. Therefore, what follows is that not only at the time of transfer but even later on till continuation of their service, such employees would be governed by the same terms and conditions of service, which were applicable to their counterparts in DDA. The aforesaid judgment of Hon'ble High Court has not been interfered with by Hon'ble Supreme Court inasmuch as the SLP filed against the same had been dismissed. Thus, it has attained finality. The respondents themselves had implemented the same when they had granted benefits of same pay scales to the applicants as benefit of ACP as were granted to DDA employees vide various orders mentioned in the impugned order itself.
11. However, the respondents were proposing to withdraw the same when it came to their notice that the applicants herein were not fulfilling the educational qualifications prescribed in the RRs. Per contra, learned counsel for the applicants Ms. Rekha Palli argued that DDA had taken decision to relax the aforesaid educational qualification for the purpose of grant of ACP benefits and that the same relaxation should be made applicable to the applicants. They 38 OA-986/2016 with connected OAs.
have produced as Annexure-A-4 to OA-1388/2016, a copy of the notes dated 12.08.2014 of DDA by which Hon. L.G. had granted such relaxation. The respondents had argued that this relaxation was applicable only to those DDA employees whose names were mentioned in the aforesaid proposal and cannot be applied to all employees. Moreover, DDA had not issued any such order nor had informed the MCD about such relaxation despite query in this regard.
12. Thus, the only issue for our adjudication is whether the relaxation granted by Hon. L.G. was applicable to the applicants as well or not?
12.1 To settle this controversy, we have perused the extracts of the notes. A mere reading of the proposal put up by DDA to Hon. L.G. reveals that relaxation has been granted to all classes of employees considering the peculiar circumstance in DDA that the RRs provided that higher educational qualifications would be applicable not only at the time of direct recruitment but even for the purpose of promotion. This proposal also mentions that while granting such relaxation earlier to about 1200 employees, inadvertently certain other categories of employees numbering approximately 275 employees were left out from consideration and, therefore, through this proposal relaxation was sought even for them.
39 OA-986/2016 with connected OAs.
13. After considering the above, we have no hesitation in holding that the relaxation was granted to all employees and not only to the employees whose names figured in the proposal. In fact, the proposal does not contain names of any individual employees. Thus, the inevitable conclusion that can be drawn is that had the applicants continued to work in DDA, they would also have benefited from this relaxation. Consequently, benefit of this relaxation should now be made applicable to them even if after their transfer to MCD (trifurcated MCD as well). If such a relaxation is given then the applicants would remain entitled to the scales granted to them on financial upgradation under the ACP Scheme earlier by the MCD and the impugned order of the respondents becomes unsustainable.
14. We, therefore, allow these OAs and quash the impugned order dated 19.02.2016. We further direct that applicants would remain entitled for grant of ACP benefits in pay scales granted to them by the respondents vide their orders on different dates while implementing the judgment of Hon'ble High Court of Delhi and various OAs mentioned in the impugned order itself. No costs.
(Raj Vir Sharma) (Shekhar Agarwal) Member (J) Member (A) /Vinita/