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Showing contexts for: nsit in Sunita Chhakara vs Director Nsit & Anr. on 14 February, 2017Matching Fragments
Whereas in pursuance of order of Hon'ble High Court of Delhi dated 23.9.2016 in the matter WP(Civil) No.8134 of 2016-Sunita Chhakara V/s. Director, NSIT & Ors. In which the Hon'ble HIgh Court has directed the Respondents therein to treat the petition as representation of the Respondent regarding regularization of the adhoc service rendered by her husband late Sh. Dhirender Kumar Chhakara, Ex. Statistical Assistance for the period from 8.2.1994 to 23.6.1998 and release pensionary benefits. The matter has been again considered by the Competent Authority.
However, when the matter was placed for approval before the Board of Governors, (BOG) in its 40th meeting, the BOG did not approve the decision of Chairman BOG and instead held on 13.8.2014 vide item No 6/40 resolved the following.
"After prolonged discussion, it was resolved to refer this to the Government."
Whereas the DTTE, GNCTD examined the whole issue and concluded that the appointment of Sh. Dhirender Kumar Chhakara itself was not in accordance with the Rules. The appointment was made without following required formalities especially the fact that no advertisement was issued to fill up the post of Statistical Assistant in NSIT. In the minutes of the selection committee it is clearly mentioned that only one candidate Sh. Dhirender Kumar Chhakara appeared for interview which clearly shows that besides the fact that post was not advertised in the newspapers, no vide publicity was given in the NSIT or the Government Departments. He was given appointment purely on temporary basis for a period of three months or till the regular appointment is made whether is earlier. The tenure of Sh. Dhirender Kumar Chhakara was extended from time to time and lastly vide order dated 01.05.1998 it was extended upto 07.11.1998 on purely temporary basis. Sh. Dhirender Kumar Chhakara died on 23.06.1998.
Whereas department of Training & Technical Education, GNCTD stated that it would not be appropriate to consider the request of NSIT for regularization of services of late Sh. Dhirender Kumar Chhakara as Statistical Assistant for the period from 7.2.1994 to 23.6.1998 and Smt. Sunita Chhakara to the post of LDC w.e.f 03.03.2000.
Therefore, the matter has been examined as per the directions of the Hon'ble High Court of Delhi, in view of the fact that whole issue has already been examined in consultation with Department of TTE, Govt. of NCT of Delhi in the past and this time too, the competent authority does not find any merit to regularize the services of late Sh. Dhirender Kumar Chhakara and as such his spouse Smt. Sunita Chhakara is not entitled for any family pension benefits. Accordingly, the order F.No.121(139)/94- Estt./NSIT/916 dt. 11.7.2014 cannot be given effect to same being contrary to the Rules and the same has not been approved by the BOG and the Government.
2. The Director (TTE), Dte. Of Trg. & Tech. Edn., GNCTD Delhi
3. Dy. Registrar (A/cs)/(Admn)
4. AR to Director, NSIT
5. PS to Registrar, NSIT Sd/-
(PROF. YOGESH SINGH) DIRECTOR"
2. It is not disputed that petitioner's husband only worked with the respondent no.1 for about four years only from 7.2.1994 to 23.6.1998, and that too only as a temporary employee and not as a permanent employee of the respondent no.1. Petitioner claims benefit of the Minutes of the Meeting of the Board of Governors dated 23.4.1999 and 10.6.1999 of the Governing Body of the respondent no.1 which proposed to regularize employees working with the respondent no.1, and who had worked for between 2 to 8 years with the respondent no.1 from 1990 to 1998.