TA No. 384/2009. Case: 1. K. P. Singh, 2. P. C. Meena, Executive Engineer (Civil, 3. Ram Prakash, Executive Engineer (Civil) Vs Municipal Corporation of Delhi, Through its Commissioner. Central Administrative Tribunal

Case Number:TA No. 384/2009
Party Name:1. K. P. Singh, 2. P. C. Meena, Executive Engineer (Civil, 3. Ram Prakash, Executive Engineer (Civil) Vs Municipal Corporation of Delhi, Through its Commissioner
Counsel:Devesh Singh, Rajeev Kumar, Biji Rajesh, Shakeel Ahmed, Gaurang Kanth
Judges:V. K. Bali (Chairman) & L. K. Joshi (Vice Chairman)
Issue:Constitution of India, 1950 - Articles 16(4)(A), 32
Judgement Date:January 12, 2010
Court:Central Administrative Tribunal
 
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Judgment:

L. K. Joshi (Vice Chairman), (Principal Bench, New Delhi)

  1. This is a Transfer Application transferred by the Honourable Delhi High Court after the Tribunal's jurisdiction over service matters of Municipal Corporation of Delhi (MCD) was notified.

  2. The grievance of the Applicants, who have been promoted as regular Executive Engineers under the Respondent' MCD with effect from 9.01.1997 is that they should have been given the benefit of seniority with effect from 3.07.1995, when they were promoted to the post of Executive Engineer on ad hoc basis.

  3. The relevant facts of the case are that the first and the third Applicants, namely, Shri K.P. Singh and Shri Ram Prakash respectively belong to the Scheduled Caste category whereas the second Applicant, namely, Shri P.C. Meena belongs to the Scheduled Tribe category. The first Applicant was appointed to the post of Assistant Engineer (Civil) under the MCD on 5.05.1989, the second Applicant on 27.09.1989 and the third Applicant on 18.08.1989. The next promotion is to the post of Executive Engineer for which five years' service in the grade of Assistant Engineer is required. The Applicants were given the current duty charge of Executive Engineer with effect from 23.03.1994. Subsequently, by order dated 3.07.1995, the Applicants were given the charge of the post of Executive Engineer (Civil) under the Respondent' MCD on ad hoc basis. In the order dated 3.07.1995, 28 officers were given the ad hoc charge and the Applicants were placed at serial number 24, 25 and 26 of the aforesaid list. The meeting of the Departmental Promotion Committee (DPC) for the vacancies for the years 1994-95, 1995-96 and 1996-97 was conducted by the Union Public Service Commission (UPSC) from 10.12.1996 to 14.12.1996. The recommendations of the UPSC were sent to the Respondent' MCD on 8.01.1997. The Respondent promoted the Applicants on regular basis as Executive Engineer with effect from 9.01.1997. A provisional seniority list of the Executive Engineer under the Respondent-MCD was issued on 8.10.1999 in which the Applicants have been shown at serial numbers 13, 15 and 18 and their date of regular appointment has been shown as 9.01.1997. The Applicants filed the Writ Petition No.462/2000 before the Honourable Delhi High Court in which notices were issued on 27.01.2000. The following relief was prayed for:

    a) your lordships may be pleased to issue appropriate writ of mandamus and/ or direction thereby...

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