O.A. No. 2872 of 2016. Case: Preeti Grover and Ors. Vs New Delhi Municipal Council and Ors.. Central Administrative Tribunal
| Case Number | O.A. No. 2872 of 2016 |
| Counsel | For Appellant: Neena Malhotra, Advocate and For Respondents: Yogesh Pachauri, Advocate |
| Judges | Shekhar Agarwal, Member (Ad.) and Raj Vir Sharma, Member (J) |
| Issue | Administrative Tribunals Act, 1985 - Sections 14, 14(2), 19 |
| Judgement Date | April 06, 2017 |
| Court | Central Administrative Tribunal |
Order:
Raj Vir Sharma, Member (J), (Principal Bench At New Delhi)
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The applicants have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:
8. RELIEF SOUGHT
The applicants are aggrieved by the arbitrary, unlawful, illegal and untenable and against the principle of natural justice of the respondents for not further renewing/recruiting the applicants as Guest Teachers (Special Educators), thus, prayed to this Hon'ble Tribunal to direct the respondents to allow the applicants to continue their services in the respective Navyug School as Guest Teacher (Special Educators) from 01.07.2016 onward.
In view of the above, it is therefore, most respectfully prayed that this Hon'ble Tribunal may be pleased to:
a. and allow the original application of the applicants;
b. direct the respondents to continue the present applicants on their contractual engagement as Guest Teachers in respective posts.
c. directs the respondent to pay the back wages to the applicants from 01.07.2016 till the date of their respective re-joining;
d. Awards cost of the proceedings; and
e. pass any other or further order/s direction/s relief/s which this Hon'ble Tribunal deem just and equitable under the facts and circumstances mentioned in the application in favour of the applicants.
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The brief facts of the applicants' case are as follows:
2.1 In response to the Advertisement dated 20.8.2014 issued by respondent No. 1-New Delhi Municipal Council (NDMC) inviting applications from eligible candidates for selection and engagement as Guest Teacher (Special Educator), the applicants made their applications. They got e-mail on 28.10.2014 from respondent No. 1-NDMC for physical verification of documents on 30.10.2014. They also got e-mail on 28.11.2014 from respondent No. 1-NDMC for interview on 29.11.2014. The copies of the emails dated 28.10.2014 and 28.11.2014 are at Annexure E (collectively). As per the decision taken by the respondent No. 1-NDMC dated 19.1.2015 (Annexure F), they were engaged as Guest Teachers(Special Educator) in Navyug School, Pataudi House, Canning Lane, New Delhi. On receipt of call from Head Mistress, Navyug School, Pataudi House, New Delhi, they joined as Guest Teachers (Special Educator) in the said school on 22.1.2015 and worked as such during the academic session 2014-15 and continued till 10.5.2015. The respondent-Navyug School Educational Society (NSES) also issued an office order dated 13.8.2015 (Annexure B) for re-engagement as Guest Teachers in Navyug Schools for the academic session 2015-16, of several persons who were engaged as Guest Teachers during the Academic Session 2014-15. They were re-engaged as Guest Teachers (Special Educator) in the same school for the academic session 2015-16, and, accordingly, they joined on 1.7.2015 and worked till 10.5.2016. Respondent-NDMC issued office order dated 5.7.2016 (Annexure A) engaging several persons as Guest Teachers in NDMC Schools w.e.f. 01.07.2016 or from the date of their actual joining up to the academic session 2016-17, pursuant to the orders of the Tribunal dated 25.4.2016 passed in OA No. 696/16 and...
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