ANIL KUMAR Vs. GOVT OF NCT DELHI
HIGH COURT OF DELHI
GOVT. OF NCT DELHI
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REKHA SHARMA, J. -
(1.) The petitioners were working as ad-hoc Group 'C' employees in Delhi Energy Development Agency (DEDA) which is an autonomous body under the Government of National Capital Territory of Delhi. They joined the said department in the year 1993. As they had not been absorbed in the posts in which they were working, they filed a writ petition in this Court bearing title Bijander Singh and ors. vs. NCT of Delhi and Ors. (WP(C) No. 467 of 1998) seeking absorption. The said writ petition was disposed of vide order dated 7th November, 2001 with certain directions to the Government of NCT, Delhi, indicating broadly as to how and in what manner petitioners along with others were to be considered for absorption against the posts in which they were working on ad-hoc basis. The directions relevant to the disposal of the writ petition are as under:-
(i) The list of all the Group C and D employees with their correct addresses will be circulated to all the Heads of various departments and also to autonomous bodies and societies under Delhi Government with a direction from the Principal Secretary (Services) that the persons in the list shall be given preference in filling up all the future vacancies keeping in view the educational qualifications and experience. Copies of the directions as contained in order dated 11 May 2001 and also herein shall also be circulated along with the list of names. In the case there is any change in address, the persons concerned may inform the DEDA within ten days from today. It is further directed that the office of Principal Secretary (Services) shall monitor the absorption of all these petitioners on a regular basis till they are suitably absorbed. The entire exercise shall be completed within six weeks from today.
(ii) It is pointed out by Mrs. Acharya that on an earlier occasion the Government of NCT of Delhi had granted relaxation from coming through SSC/DSSSB in some group C appointment. Without commenting on the desirability of such a relaxation, before circulating the list of various departments, the Principal Secretary (Services) may take a final decision on the issue in its correct perspective, keeping in view the spirit of this order.
(iii) The respondents will be free to terminate the services of the petitioners in accordance with law. It is pointed out that one month's termination notice had been served on most of the petitioners but their services could not be terminated because of the interim stays in various petitions. Since the petitions are being disposed of with the afore-noted directions with which counsel for the petitioners are broadly in agreement, all the interim orders shall stand vacated and wherever termination notices have already been issued, these will stand revived w.e.f. 20th November, 2001. Needless to add that if any of the petitioners is still performing some effective duties in a particular department the utility of the person concerned in that department shall be taken into consideration before taking a final decision with regard to termination of his services.
(2.) Pursuant to the directions, the Government of NCT of Delhi, through the Principal Secretary (Services) conducted a typing test in which the petitioners also participated. However, none of the petitioners could qualify the test. As such, they were not regularized in Group 'C' posts but were accommodated in Group 'D' posts and have even been absorbed in those posts. After having accepted their appointments in Group 'D' posts, they filed a contempt petition in this Court alleging violation of order dated 7th November, 2001. The same was disposed by an order dated 8th January, 2004 holding that no contempt was made out. It will be appropriate to reproduce the relevant part of the contempt order:
"It is not disputed that a list was prepared and the petitioners figured in the list since they were already registered with the Employment Exchange. However, as a pre-condition for appointment, a qualifying test was held. The petitioners failed to qualify the test for Group 'C' post and were granted further time to take another test in which also they were unsuccessful. However, subsequently, they appeared for the test for Group D post and learned counsel for the respondent on instructions states that petitioners No. 2 and 3 were successful in the test for the post of Lower Division Clerk (LDC) and have been issued appointment letters. In view of the aforesaid, the non-qualification of the petitioners in the qualifying test is the reason for their non-selection. The directions passed in the Order dated 7th November, 2001 of which contempt is alleged does not require any relaxation for the test and, in fact, says that the persons had to be appointed if they qualify for appointment to the relevant post."
(3.) The present writ petition is virtually a repeat of what was alleged by the petitioners in the contempt petition. It is contended that the order dated 7th November, 2001 has not been complied by the Government of NCT of Delhi in 'letter and spirit'. According to the learned counsel, the petitioners ought to have been given preference vis a vis the fresh candidates while filling the posts of Group 'C' posts keeping in view of their educational qualifications and experience. In other words, it is submitted that they should not have been put through the same rigors of typing test which candidates who did not have similar experience as the petitioners were required to undergo. The order dated 7th November, 2001 is being sought to be interpreted to mean that the petitioners were to be regularized in Group 'C' posts solely on the basis of their educational qualifications and experience notwithstanding the fact that they failed to qualify the typing test not once but twice.;
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