HIGH COURT OF DELHI
M C D
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(1.) In the year 1996, the petitioners along with many others were engaged as
Domestic Breading Checkers (DBCs) on daily wage/contract basis. That was the
year, when Dengue had spread in Delhi like an epidemic and chaotic conditions
prevailed. As a result, Domestic Breading Checkers were engaged in large scale.
Admittedly, the petitioners were minors at that time. It is not disputed by the
respondents that the Domestic Breading Checkers (DBCs) are engaged every year on
daily/contract basis. It appears that there was some kind of ad-hocism going on
in the Municipal Corporation of Delhi in the matter of engaging persons as DBCs.
This led to the filing of number of writ petitions in this court titled Ashok
Kumar and Ors. Vs. MCD and Ors. which were disposed of by order dated November
13, 2006 with a direction to the respondent/Municipal Corporation of Delhi to
take into consideration all the relevant material including the period or
periods of service put in by the petitioners therein who claimed to have been
working w.e.f. 19/20th October, 1996 while preparing the final seniority list
and also the appropriate place at which they could be placed.
Pursuant to the above directions, in May 2006, a public notice was
issued by the Municipal Corporation of Delhi inviting applications from those
candidates who had worked as Domestic Breading Checkers/Health Workers since
1996 or thereafter and who were matriculate or passed class X from a recognised
Board and were between the age of 18-35 years at the time of initial
appointment. It seems that pursuant to the circular, a seniority list has been
(2.) The grievance of the petitioner is that they have not been placed
in the seniority list with reference to their initial date of engagement i.e.
from the year 1996, on the ground, that they were not between the age of 18-35
years at that time. This, it is argued, is contrary to the directions of this
Court dated November 13, 2006.
(3.) According to the learned counsel for the Municipal Corporation of
Delhi, the petitioners have been kept in the seniority list by taking 2004 as
the year of their engagement because by then, they had attained the age of
majority and they also possessed the matriculation certificate.
Should the petitioners be kept in the seniority list with
reference to the year 1996 or with reference to the year 2004, is the question
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