W.P.(C)--12059/2019. Case: ASHOK KUMAR CHAUDHARY & ORS. Vs. GOVT. OF NCT OF DELHI & ORS.. High Court of Delhi (India)
| Case Number | W.P.(C)--12059/2019 |
| Citation | NA |
| Judgement Date | December 04, 2019 |
| Court | High Court of Delhi (India) |
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 19th November, Pronounced on:4th December, 2019
+ W.P. (C) 12059/2019
ASHOK KUMAR CHAUDHARY & ORS. ..... Appellant
Through: Mr. Anand Nandan, Advocate.
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Ms. Avnish Ahlawat,
Counsel for GNCTD.
CORAM: JUSTICE S. MURALIDHAR
JUSTICE TALWANT SINGH
J U D G M E N T
Talwant Singh, J.
CM APPL. 46679/2018 (exemption)
-
Allowed, subject to all just exceptions.
W.P. (C) 12059/2019
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The Petitioners have challenged an order dated 16th July, 2018 OA No.362/2015 by Central Administrative Tribunal (CAT) Bench, New Delhi by which their original application was disposed passing the following order:
“6. In the circumstances and for the aforesaid reasons, the OA is disposed of by permitting the applicants to submit an appropriate representative for leave benefits and bonus, and on receipt of such a representation from the applicants, the
W.P. (C) 12059/2019 Page 1 of
respondents are directed to consider the same as per the rules and pass an appropriate speaking and reasoned order, in accordance with law, within 90 days there from. No costs.”
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The prayers made in the OA No.362/2015 were as under:
“VIII RELIEF SOUGHT:
In the aforesaid facts and circumstances of the present case it is therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to direct the Respondents to:
a) Direct the Respondents to pay to the applicants the salary as per the office order dated 25-4-2013 bearing No. H.C.
(M)/C.E.D./North/2013/1211 annexed at ANNEXURE P/1 with the present application, and,
b) Direct the Respondents to pay arrears of salary to the applicants with effect from 1-4-2013, and,
c) Direct the Respondents to grant leave benefits to the applicants as mentioned in office order dated 23-4-2008 bearing No. AO(H)/RAN/2008/GF-29/103,
d) Direct the Respondents to grant bonus to the applicants as applicable to them.”
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The Petitioners are stated to be working as Domestic Breeding (DBC) with the Respondent Corporations since 1996 onwards. They being appointed on the basis of seniority list which was prepared consequence of the orders passed by this Court in a series of writ The Petitioners were appointed after proper notification, advertisement from the names which were already registered with the exchange. The appointments are made every year on contractual spite of the fact that there are resolutions for appointment of Petitioners regular basis being passed by the Houses of Respondent Corporations.
W.P. (C) 12059/2019 Page 2 of
formal office order was passed by the Respondents for continuation Petitioners on the post of Domestic Breeding Checkers. On 25th
Respondent No.2 came out with an office order by which all employees working in various categories/cadres were to be paid pay in the respective pay band + grade pay + Dearness Allowance with effect from 1st April, 2013. The labour welfare officer passed an order that the employees who were appointed directly on contract basis were to be given remuneration as per the circular dated 25...
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