Delhi High Court
Shri Daya Ram & Anr. vs Govt. Of Nct Of Delhi & Ors. on 3 September, 2008
Author: J.R. Midha
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WP(C) No. 3443/2008
Reserved on: 8th July, 2008
%Date of Decision: 3rd September, 2008
1. Shri Daya Ram
S/o Late Kali Ram
R/o 72, Barwala Village,
Delhi-110039
2. Shri Jitendar
S/o Shri Haribansh
R/o Gali No.12,
Wazirabad Village,
Delhi-110084 ...Petitioners
Through: Ms. Babita Puniya, Adv. for
versus
1. Govt. of NCT of Delhi
Through its Chief Secretary
New Sachivalaya
ITO, New Delhi-110002.
2. Secretary (Health)
Govt. of NCT of Delhi
New Sachivalaya
ITO, New Delhi-110002.
3. Medical Superintendent
Aruna Asaf Ali Govt. Hospital
Rajpur Road,
Delhi-110054.
WP(C)No.3443/2008 Page 1 of 4
4. Head of Office
Aruna Asaf Ali Govt. Hospital
Rajpur Road,
Delhi-110054
5. Deputy Medical Superintendent
Aruna Asaf Ali Govt. Hospital
Rajpur Road,
Delhi-110054 ...Respondents
Through: Mr. S.P. Sharma, Adv.
CORAM:
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may
be allowed to see the Judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported
in the Digest?
J.R. Midha, J.
The Petitioner has assailed the order dated 27th
November 2007 passed by the learned Central
Administrative Tribunal whereby the Tribunal has
dismissed the OA.
The Respondents invited applications for four posts of
Nursing Orderly in July, 1999. More than 1500 candidates
including the Petitioners applied for the same. The
selection process took place in December, 1999/January,
2000. In the meantime, eleven more posts were created,
making the total posts as fifteen. The merit list of 20
candidates was declared which was challenged by one of
the candidates, namely, Pramod Kumar whose name
appeared at Sl. No. 15 in the merit list. Vide order dated
24th October 2003 in O.A. 782/2000 filed by Pramod
Kumar, the learned Tribunal directed the Respondent to
consider the applicant against one of the vacancies. The
Respondent challenged the said order before this Court by
WP(C) No. 7458/2004 which was dismissed in limini on
14th May, 2004 in pursuance to which, the said Pramod
Kumar was appointed.
The Petitioners filed OA No. 2678/06 before the
learned Tribunal in 2006 claiming parity with Pramod
Kumar. The Petitioners are at Serial No. 16 and 20 in the
merit list in which Pramod Kumar's name was at Serial
No.15. The cause of action in favour of the Petitioners arose
in the year 2000 when the merit list was prepared and the
Petitioners were not selected. The Petitioners filed the OA
in the year 2006 which was beyond the period of limitation
and, therefore, the Tribunal has rightly dismissed the OA.
Even on merits, there were initially four posts of Nursing
Orderly. Later on, eleven more posts were added. As such,
fifteen persons were to be appointed. Pramod Kumar was
at Serial No. 15 and, therefore, he was the last one to be
selected pursuant to the OA filed by him before the learned
Tribunal. All the vacancies have been filled up and there is
no vacancy available. The Petitioners who were at Serial
No. 16 and 20 have no parity with Pramod Kumar who was
at Serial No. 15 and was the last one to be appointed. No
case is made out on merits also.
We do not find any infirmity in the order of the
learned Tribunal and, therefore, dismiss this petition.
(J.R. MIDHA)
JUDGE
(MADAN B. LOKUR)
JUDGE
September 3, 2008
aj
