Shri Sanjay Kumar vs Govt Of NCT Of Delhi

V. Ajay Kumar, J

The applicants, 3 in number, and working as Senior Scientific Assistants (Chemistry), on contract basis, under the respondents, filed the OA seeking the following reliefs:-

"(a) Hold and declare that the applicants were recruited in accordance with the recruitment rules of 2001, possessing essential qualifications and through open selection process and entitled to continue in the service without any break and any intervention of the Hon'ble Tribunal or the courts in protection of any stay order for more than 10 years.

(b) Hold and declare that when the applicants were initially appointed the respondents had made appointment of the applicants with clear understanding that they would obtain NOC from DSSSB for regularisation of the applicants and will not subject them to any further recruitment and that there is no reason or justification for not regularising the applicants.

(c ) Hold and declare that the case of the applicants is squarely covered by Umadevi and Sonia Gandhi's judgment and the applicants are entitle for regularisation as per law laid down.

(d) Hold and declare that as against the posts held by the applicants the respondents cannot make any fresh recruitment and the advertisement NO.01/2014 issued on 20.01.214 is illegal and invalid as far as the posts against which the applicants have already been selected and have been working.

(e) Quash and set aside the advertisement NO.01/2014 dated 20.01.2014 for the posts with post code 78/14.

(f) Any other order that may be seemed fit and appropriate in the circumstances of the case may also be passed".

Heard Ms. Ruchika Mittal for Shri K.C. Mittal, the learned counsel for the applicants and Shri Vijay Pandita, the learned counsel for the respondents and perused the pleadings on record.

At the outset, Shri Vijay Pandita, the learned counsel appearing for the respondents by producing a judgment of a Coordinate Bench of this Tribunal in OA No.1836/2014 in Mrs. V. Rani Vs. Government of NCT of Delhi and Others submits that the subject matter of this OA is squarely covered by the said decision and that the applicants in the instant OA are identically placed in OA No. 1836/2014 and hence the instant OA is also liable to be dismissed in terms of the said order.

Ms. Ruchika Mittal, the learned counsel appearing for the applicants vehemently tried to distinguish the instant OA with that of OA No.1836/2014.

However, a careful perusal of the judgment of this Tribunal in OA No.1836/2014 vis-à-vis the facts in the instant OA, clearly revealed that the applicants in the instant OA are identically placed like the applicant in the said OA and, in fact, they have filed number of OAs and Writ Petitions before this Tribunal as well as before the Hon'ble High Court of Delhi, jointly along with others starting from OA No. 181/2004.

In the circumstances and for parity of reasons, the OA is dismissed and interim orders are vacated in terms of the judgment in OA No.1836/2014 dated 23.10.2018 in Mrs. V. Rani Vs. Govt. of NCT of Delhi and Others. However, this order is subject to the interim orders or final orders of the W.P. ( C) No.12291/2018, filed in the said OA, before the Hon'ble High Court of Delhi. No costs.