TA No. 1052/2009. Case: 1. Hemraj, 2. Surender Singh, 3. Sudhir Kumar, 4. Sanjay Kumar Sharma, 5. Vinod Bhardwaj, 6. Param Vir Vats, 7. Anupam Dixit, 8. Rakesh Kumar Vs 1. Municipal Corporation of Delhi, Through its Commissioner, 2. Additional Commissioner (Edu.), Municipal Corporation of Delhi, 3. Director, Primary Education, Municipal Corporation of Delhi, 4. Additional Deputy Commissioner (Edu), Municipal Corporation of Delhi. Central Administrative Tribunal
| Case Number | TA No. 1052/2009 |
| Counsel | M. K. Bhardwaj, Biji Rajesh, Gaurang Kanth |
| Judges | R. C. Panda (Accountant Member) |
| Issue | Administrative Tribunals Act, 1985 - Section 14(3) |
| Judgement Date | February 17, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
Dr. Ramesh Chandra Panda (Accountant Member), (Principal Bench, New Delhi)
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The Municipal Corporation of Delhi (MCD) engaged the Applicants on daily wages from September/October, 1996. Their engagement was consequent to the circular issued by Education Department of MCD to identify Ministerial staff having knowledge of Computer operation. Since no one came forward to handle/operate the Computers and there were no skilled incumbents in the Department of Education to undertake such computer operation works, the Applicants applied and were engaged to work on Computers on daily wage basis. They were used to operate computers and undertake data entries and were stated to have been engaged and paid on daily wage basis against the post of School Attendants. It is the Applicants case that they were paid daily wages by the concerned competent authority against the post of School Attendants as it was their powers to engage the Attendants on daily wage basis only and the vacancies of post of School Attendants were available but they were promised to be regularized as Data Entry Operators (DEO). They aver that they continuously worked in the Education Department of MCD without any break whatsoever. It is the case of the Applicants that they possess necessary qualification to be regularized in the post of Computer Operator/Data Entry Operators. Therefore, they have represented to be considered for regularization in the pay scale of Data Entry Operators (DEO) (Rs.4000-6000) as they have been working on those posts. They also stated that their regularization as School Attendants in the pay scale of Rs.2440-3200 would be great injustice to them. In this context, they brought on record various correspondence within the Respondent-MCD which reveal that there was recommendation for engaging the Applicants as DEO but the same was not complied with till date of filing their Writ Petition. Having been aggrieved by the inaction of MCD, all the 8 Applicants have moved the Hon'ble High Court of Delhi in Writ Petition (Civil) No.4483/1999 with the following main prayers:-
(a) to issue Rule Nisi on the Writ Petition and call for the respondent's record relating to the employment of petitioners and after going into the legality and validity of their appointment/recruitment of the petitioner on Daily Wage basis instead of regularization, call upon them to Show Cause as to why the reliefs asked for herein be not granted to the Petitioners;
(b) to issue a writ of mandamus, or any other writ order or direction against the Respondent MCD to treat the Petitioners as regular employees of Municipal Corporation of Delhi and that regular scales of pay with other allowances and benefits attached to the posts of Computer Operator/Data Entry Operator effective from the date of initial appointment be granted to them. Further direct the respondent for payment of difference of regular pay in the scale of Rs.4000-100-6000+JA=CA after deducting Daily Wages paid to the petitioners.
(c) to direct by Writ of mandamus that Respondents forthwith regularize the petitioners employment from the date of initial appointment and give petitioners all benefits that would have been admissible to them had petitioners been appointed on regular basis. The petitioners be also awarded interest @18% p.a. on all the arrears of pay and allowances payable to him.
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The interim relief sought in CM 8555/1999 in WP (C) No.4483/1999 relating to the prayer to restrain the Respondents from terminating/discontinuing the Petitioners Services and/to employ any other in their place was argued on 01.09.1999 and the Hon'ble High Court ordered that till the next date no outsider would be appointed as daily wager to operate the computers replacing the Applicants and show cause notice was issued to the Respondents. On 29.09.1999, the Hon'ble High Court extended the interim order. In the meantime the Petitioners moved CM No.152/2000 in WP(C)No.4483/1999 stating that MCD was not paying them wages and they were being harassed. It was also submitted by them that Respondents had transferred them as School Attendant or Nursery Ayas vide MCD order dated 09.11.1999 (Page 82) and 11.11.1999 (Page 83). They alleged that such transfer being punitive in nature should be quashed and set aside. As per the office order dated 09.11.1999, they were transferred from HQ to various zones and citing the directions of Hon'ble High Court, the order directed the concerned authorities to make payment of salaries to the petitioners. The CMs No. 8555/1999 and 152/2000 in WP (C) 4483/1999 were heard by the Hon'ble High Court and passed the following order on 22.01.2002:
Learned counsel for respondent states that some vacancies are going to arise in the establishment after 31st March, 2002 and the petitioners can apply against the same. Learned counsel for petitioner states that such an application on behalf of the petitioner should be without prejudice to...
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