O.A. No. 1679/2012 and M.A. No. 1491/2013. Case: Ruchi Vs Government of NCT of Delhi. Central Administrative Tribunal

Case NumberO.A. No. 1679/2012 and M.A. No. 1491/2013
CounselFor Appellant: D.C. Vohra, Advocate and For Respondents: B.N.P. Pathak, Advocate
JudgesA.K. Bhardwaj, Member (J) and P.K. Basu, Member (A)
IssueService Law
Judgement DateAugust 01, 2014
CourtCentral Administrative Tribunal


A.K. Bhardwaj, Member (J), (Principal Bench, New Delhi)

1. The applicants, who have been working as Lab Assistant / Lab Technician in Super Specialty Hospital, Janakpuri, Delhi for past over six years, have filed the present Original Application seeking issuance of directions to the respondents to give them the pay and allowances at par with similarly placed persons working in other hospitals of the Government of NCT of Delhi as their cases are pari materia with the one decided by the Full Bench of this Tribunal in Mrs. Victoria Massey v. National Capital Territory of Delhi & others (O.A. No. 1330/2007 with connected case) decided on 23.7.2008.

2. During the course of arguments, Dr. D.C. Vohra, learned counsel for applicants relied upon the judgment of Hon'ble High Court of Delhi in Sonia Gandhi & others v. Govt. of NCT of Delhi & others (W.P. (C) No. 6798/2002) and Lini James & others v. Govt. of NCT of Delhi & others (W.P. (C) No. 8093-8102/2003) decided on 6.11.2013.

3. Mr. B.N.P. Pathak, learned counsel, who has been shown as counsel for respondents, submitted that he has no instructions to appear in the matter and he has been shown as counsel for respondents by confusion. In the reply filed by the respondents through Mr. B.N.P. Pathak only it has been explained that in view of the terms and conditions of the contract/ agreement with the applicants, they are paid all the benefits and the contractual employees cannot be compared with the regular employees. In the reply, reliance is also placed on the judgment of the Hon'ble Supreme Court in Secretary, State of Karnataka & others v. Umadevi, (2006) 4 SCC 1.

4. We find that in Sonia Gandhi's case (supra) having taken note of the judgment of the Hon'ble Supreme Court in Umadevi's case (supra), the Hon'ble High Court of Delhi viewed that not only the writ petitioners in the two writ petitions but additionally all contract appointed employees shall be paid wages by the Government of NCT of Delhi as per the decision of the Division Bench of the Hon'ble High Court in W.P. (C) No. 8476/2009 and shall be entitled to leave of all kind including maternity and sick leave in terms of the decision in W.P. (C) No. 4641/2012. For easy reference, paragraphs 1, 16, 22 and 23 of the said judgment are reproduced hereinbelow:-

1. The record of this court would reveal that in the last 3 years it has decided at least 75 writ petitions concerning employees working under the Government of NCT of...

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