Delhi High Court
Sushila Kaul vs The Chief Secretary, Nct Delhi & ... on 15 October, 2019
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 15.10.2019
+ W.P.(C) 9669/2019
SUSHILA KAUL .....Petitioner
Through: Mr.Debasis Misra, Advocate
versus
THE CHIEF SECRETARY, NCT DELHI & ORS.
...Respondents
Through: Mr.Zoheb Hossain, ASC with
Mr.Vivek Gurnani, Advocate
for respondents No.1, 2 and 3.
Mr.S.R.Swain, Advocate for
respondent No.4
CORAM:
HON'BLE MR. JUSTICE G.S. SISTANI
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
JUDGMENT
G.S.SISTANI, J. (ORAL)
CM APPL. 42598/2019(Restoration)
1. This application is directed against order dated 12.07.2019
passed by the Central Administrative Tribunal ('Tribunal') whereby
the application for execution of order dated 07.06.2002 filed by the
petitioner was dismissed on the ground that it had been filed after the
lapse of 15 years.
W.P.(C) 9669/2019 page 1 of 3
2. Learned counsel for the petitioner submits that the learned
Tribunal has failed to consider the fact after the OA was allowed, the
petitioner was not only entitled to promotion but also to consequential
monetary benefits and notional promotion.
3. Counsel for the respondents submits that there is no infirmity in
the order passed by the Tribunal that requires interference in the
present proceedings. He relies upon Corrigendum dated 24.12.2002,
which was issued pursuant to the order passed by the Tribunal. As per
the Corrigendum, the old Seniority No. 632A w.e.f. 18.01.83 of the
petitioner/Ms. Sushila Kaul was cancelled. It is further stated in the
Corrigendum that the two persons mentioned therein were only
entitled to promotional benefits as allowed by the court ; and were not
entitled to monetary benefits due to change in seniority. The said
Corrigendum reads as under :
"In pursuance of judgements of Hon'ble CAT in
O.A. No. 1930/99 entitled Mrs. Vidya Wati v/s
GNCTD and others, and O.A. No. 1799/2001
entitled Ms.Sushila Kaul V/s GNCTD. The
Seniority of Ms.Vidyawati and Ms. Sushila Kaul
have been reconsidered and they have been
assigned revised seniority vide corrigendum DE-
2(4)(14)\99-E-II/ 8571-8624 dated 10.10.2002.
That corrigendum slightly changed as under:-
YEAR SNTY NAME CATEG DR/ TGT DOB DOA AS NOTIONAL
NO ORY DP SNT TGT SNTY AS
Y PGT
79-80 60A VIDYA SC DP 90 28.08.47 12.10.70 20.10.79
79-80 61 WATI SC DP 94 14.07.47 12.10.70 21.11.79
SUSHIL
A
KAUL
W.P.(C) 9669/2019 page 2 of 3
Old Seniority No.608 with date of regularization
w.e.f 28.08.82 of Ms. Vidyawati is hereby cancelled.
Ms.Sushila Kaul old seniority No. 632A w.e.f. 18.01.83 is
also hereby cancelled.
It is pertinent to mention that they are only entitled
for notional benefits of promotion as allowed by the court.
However they are not entitled for any monetary benefits
due to change in the seniority as above. "
4. We may note that this Corrigendum pertains to the year 2002,
and is not under challenge. Even otherwise, the Tribunal has rightly
taken note of the fact that execution of the order has been sought after
15 years ; and that granting the petitioner's prayer might affect the
rights of several employees who have got promotions in the last 15
years. Therefore, no ground is made-out to interfere by way of this
application. Accordingly, the application is dismissed.
5. The writ petition already stands disposed of.
G.S.SISTANI, J
ANUP JAIRAM BHAMBHANI, J
OCTOBER 15, 2019
v
W.P.(C) 9669/2019 page 3 of 3
