MADAN LAL Vs. GOVT OF NCT OF DELHI
LAWS(DLH)-2007-7-229
HIGH COURT OF DELHI
Decided on July 13,2007

MADAN LAL Appellant
VERSUS
GOVT. OF NCT OF DELHI Respondents

JUDGEMENT

- (1.) REKHA SHARMA, J. The petitioner joined the Municipal Corporation of Delhi as Safai Karamchari in the year 1978 and was regularized as such in 1982. It is claimed that with effect from May 25, 2001, he was appointed/attached as a Driver with the Joint Director (CSE), MCD, and since then he has been performing duties as a Driver yet was being paid the salary of a Safai Karamchari. He states that he made representation claiming salary of Driver but not only was he denied the salary but was also sent back as Safai Karamchari. Therefore, he has preferred the present writ petition seeking his re-appointment to the post of Driver and payment of salary of a Driver with effect from May 25, 2001.
(2.) ACCORDING to the MCD, the petitioner was appointed as a Safai Karamchari and continues to work as such. He was merely asked to work as a Driver in a diverted capacity for some time and for that period he was paid overtime allowance equivalent to 33% of the emoluments to which he was entitled to. Having considered the pleadings on record as well as the oral submissions made by the counsels, I am of the view that petitioner was not appointed as a Driver on May 25, 2001 as claimed by him. No formal letter appointing him as such has been placed on record. It seems that the work of Driver was taken from him for some time in a diverted capacity and for that he was paid overtime allowance. Such kind of temporary appointment does not entitle him to the salary of a Driver or for re-appointment as Driver. There is no merit in the writ petition. The same is dismissed.;


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