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Judgment
Sanjeeva Kumar, Member (A)
M.A./5526/2025 - Application for joining together.
Present O.A. has been filed by 3 applicants seeking regularization against common cause of action and seeking common reliefs.
In view of averments made in the M.A., present M.A. for joining together is allowed and applicants are permitted to contest the case in single O.A.
Accordingly, M.A./5526/2025 stands disposed of.
O.A./4956/2025
Applicants are working as Nursing Officers in Lok Nayak Hospital and has filed present O.A. seeking direction to the respondents to regularize the service of the applicants at Lok Nayak Hospital or any other hospital of Delhi Government from initial date of appointment along with pay at par with regular employees and maintain the status quo and allow them to continue in the original place of posting.
Learned counsel appearing for the applicants, after arguing for some time, submits that Hon’ble High Court in similar matter, Pawan Sharma & Ors. vs. Government of NCT of Delhi & Ors. in W.P. (C) No. 2117/2025 vide judgment dated 10.11.2025, has allowed identically placed Nursing Staff and directed respondents to consider their cases for regularization and grant of pay at par with the regular employees and in case of Dimple Arora & Ors. vs. Government of NCT of Delhi & Ors. in W.P. (C) No. 8827/2025 vide order dated 13.11.2025, cases of similarly situated persons have been directed to be considered in light of judgment passed in case of Pawan Sharma & Ors. (supra) and submits that applicants would be satisfied if a direction is issued to competent authority amongst the respondents to consider the pending representation dated 02.03.2025 (Annexure A-3) by passing a reasoned and speaking order.
Learned counsel appearing for the applicants submits that the applicants have served an advance copy of present O.A. to the respondents by e-mail and the proof of service is annexed at page 268 of paper book but no one appears.
Heard. We have considered the matter. In view of above submissions and without expressing any opinion on the merits of the case, we deem it just and proper that principles of natural justice would be met and hereby directs competent authority amongst the respondents to consider the applicants’ pending representation dated 02.03.2025 (Annexure A-3) in light of law laid down by Hon’ble High Court in case of Pawan Sharma & Ors. (supra) by passing a reasoned and speaking order, within a period of eight weeks from the date of receipt of a certified copy of order passed today and communicate the same to the applicant at earliest possible date.
Respondents are further directed to allow the applicants to continue and maintain status quo as on today as to the service conditions of the applicants till the representation is decided.
Needless to say, we have not expressed any opinion on the merits of the case and respondents are free to decide the pending representation dated 02.03.2025 (Annexure A-3) by passing a reasoned and speaking order in accordance with law.
In view whereof, present O.A. stands disposed of at admission stage itself in above indicated terms. Pending M.A.(s), if any, shall also stand disposed of. No order as to costs.
