NORTH DELHI MUNICIPAL CORPORATION vs. HARLEEN KAUR

Citation : 2019 Latest Caselaw 1144 SC
Judgement Date : 22 Nov 2019

Headnote :
Contractual appointment - Regularization - The respondents were appointed following a public advertisement and selected based on interviews, having been employed since 1997-98. Although their initial appointment was for a six-month contract, it has since been extended. The Tribunal observed that the respondents were filling seven out of twelve sanctioned posts for Entomologists. They were engaged to address the dengue outbreak, a situation that remains a concern today. The High Court provided solid reasons for not interfering with the Tribunal\'s order, which directed that the respondents\' cases be considered for regularization as Entomologists. Therefore, no interference with the order is warranted.

Before :- Dr. D.Y. Chandrachud and Hrishikesh Roy, JJ.

Civil Appeal No. 8974 of 2019 (Arising Out of SLP (C) No. 27744 of 2019) (@ SLP (C) Dairy No. 21108 of 2019). D/d. 22.11.2019.

North Delhi Municipal Corporation - Appellant

Versus

Harleen Kaur & Ors. - Respondents

For the Appellant :- Mr. Vikramjit Banerjee, ASG. with Mr. Praveen Swarup, Mr. Suvesh Kumar, Mr. Chandra Pratap Singh with Mr. B.C. Santosh Kumar, Advocates.

For the Respondents :- Mr. Satya Mitra Garg and Mr. M.K. Bharadwaj, Advocates.

ORDER

Delay condoned.

2. Leave granted.

3. The High Court has furnished cogent reasons for declining to interfere with the order of the Tribunal directing the appellant to consider the cases of the respondents for regularization as Entomologists.

4. The respondents were appointed after public advertisement and were selected on the basis of interviews. They have been working since 1997-8. Though the appointment was contractual for a period of six months, it has been extended. Subsequently, on 14 July 2008, posts were created by conversion of the existing posts of AMO, DMO, Entomologist and Asst. Entomologist. The Tribunal noted that the respondents are working against seven posts of Entomologists out of twelve sanctioned posts. The respondents were engaged with a view to counter the outbreak of dengue, a situation which continues to cause concern even at the present time. The Tribunal has duly considered the decision in State of Karnataka v Umadevi, (2006) 4 SCC 1.

5. We are not inclined to entertain this appeal insofar as the grant of regularization is concerned.

6. However, insofar as consequential monetary benefits are concerned, learned counsel appearing on behalf of the appellant submitted that the Municipal Corporation should not bess saddled with the obligation of granting monetary benefits from 2008 as awarded by the High Court. On this aspect, learned Counsel appearing on behalf of the respondents has fairly left it to the discretion of this Court.

7. We, accordingly, order and direct that the grant of monetary benefits shall be with effect from the date of the judgment of the Central Administrative Tribunal i.e. with effect from 1 October 2015. However, we clarify that the respondents would be entitled to notional pay fixation and continuity of service.

8. Subject to the aforesaid modification, the appeal is disposed of. Compliance shall be effected within a period of two months from the date of receipt of a certified copy of this order.