Indian Kanoon - Search engine for Indian Law

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.

Whereas, the institute has considered the matter and has taken into account the facts and decision taken earlier also in which the institute on the basis of approval of the then Chairman. BOG on a belated representation made by wife Smt. Sunita Chhakara on 07.10.2013 had issued Office Order F.No.121 (139)/94-Estt./NSIT/916 dated 11.7.2014 wherein the service of Sh. Dhirender Kumar Chhakara were regularized from 8.2.1994 to 23.6.1998 against the post of Statistical Assistant in the pay scale of Rs.4500-125-7000(pre-revised). Sh. Dhirender Kumar Chhakara expired on 23.6.1998 and all the pensionary benefits were ordered to be released w.e.f. 24.6.1998.

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.

The Government, the Department of Technical Education has categorically stated that no Rules and Regulations were followed by NSIT in making appointment of Sh. Dhirender Kumar Chhakara as Statistical Assistant and then giving compassionate appointment to wife Smt. Sunita Chhakara. Further, granting pensionary benefits to an adhoc appointee, purely on temporary basis, is also not as per Rules and Regulations. The Government has not approved such action.