Prakash Kumar Saini vs Municipal Corporation Of Delhi ...
2005 Latest Caselaw 563 Del

JUDGMENT

Vikramajit Sen, J.

1. The contest in this Writ Petition pertains to the Seniority within the Transferred Cadre to the post of Assistant Sanitary Inspectors (ASIs). The Petitioner asserts that he was appointed as an ASI with effect from 26.11.1991 and has made the following Prayers:

i) To promote only regular Assistant Sanitary Inspectors to the post of Sanitary Inspector of D.D.A. quota including the Petitioner.

ii) To prepare panel of seniority of regular Assistant Sanitary Inspector for promotion to the post of Sanitary Inspector.

iii) To promote the petitioner and other Regular Assistant Sanitary Inspector to the post of Sanitary Inspector.

iv) To pass any other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case.

2. There can be no gainsaying that a regular appointee cannot be equated with or treated in the same manner as a work-charged employee. This is also the position adopted by the MCD as is evident from their Counter Affidavit where it has been asseverated that - "work-charge mate are not entitled for promotion to the post of Assistant Sanitary Inspector as they are appointed on temporary basis. The writ petition no.647 of 1991 filed by work-charge mates for regularisation as Assistant Sanitary Inspectors was dismissed by this Hon'ble Court. ..... It is, denied, that Respondent No.1 has maneuvered and prepared a joint seniority list of work-charge Assistant Sanitary Inspector and Regular Sanitary Inspector to give any wrongful benefit to work-charge Assistant Sanitary Inspector".

3. The only direction which is called for in this Petition is that the MCD shall proceed strictly on the basis of the regular appointment of persons as to the post of ASI in the Transferred Cadre, especially for promotion to the post of Sanitary Inspector.

4. Petition is disposed of with this direction.