HARI LAL Vs. MUNICIPAL CORPORATION OF DELHI
HIGH COURT OF DELHI
MUNICIPAL CORPORATION OF DELHI
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J.M.MALIK, J. -
(1.) There are no conflictions on the point that the present petitioner and
one Dr. R.B.S. Tyagi were working as Assistant Veterinary Surgeons in the MCD.
Both of them have been officiating as Superintendents, Slaughter House, MCD
since 1995. As per the notified recruitment rules for the post of
Superintendent, Slaughter House, the said post has to be filled by promotion,
feeder cadre is the post of Assistant Superintendent, Slaughter House. In the
writ petition filed by Dr. R.B.S. Tyagi, the respondent MCD filed an affidavit,
wherein, it was explained that the said post had been abolished and there is
thus no feeder cadre to the promotional post as a consequence thereof.
Although, both of them were working as Superintendents, Slaughter House w.e.f.
11.01.1995, yet, they were being paid salary of the post of Assistant Veterinary
(2.) The writ petition filed by Dr. R.B.S. Tyagi was permitted. In that
case decided on 16.04.2004, it was held :-
"It is obviously a case where the MCD is getting a financial benefit, in that, a
person substantively appointed to a post in the lower scale has been made to
perform the duties of a higher post for 9 years without the monetary benefits.
It is not disputed that the petitioner is discharging all the functions and is
shouldering all the responsibilities of the Superintendent, Slaughter House.
Whether the petitioner is or is not entitled to be promoted as
Superintendent, Slaughter House is a different matter but in my opinion the
petitioner must be paid salary and other allowances to the post of
Superintendent, Slaughter House, on which post the petitioner has been working
w.e.f. 11.01.1995. Directions are issued to the MCD to pay to the petitioner
salary and other allowances payable to the post of Superintendent, Slaughter
House, which post the petitioner has been admittedly manning since 11.1.1995.
Needful be done within a period of 6 weeks from today.
The MCD would apply its mind and cease to continue functioning in a
mindless manner. We cannot have a situation where the vacancies arise to a
promotional post but the feeder cadre stands abolished and an ex cadre employee
is made to discharge the functions of a cadre post without any monetary
(3.) In the present writ petition, the petitioner has not pressed relief
prayed in prayer "A" that he should be promoted or regularised to the post of
Superintendent, Slaughter House w.e.f. 11.01.1995. He, however, has pressed for
prayer "B" wherein it is prayed that the respondent be directed to pay to the
petitioner the pay scale applicable to the post of Superintendent, Slaughter
House w.e.f. 01.01.1996.;
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