HARI LAL Vs. MUNICIPAL CORPORATION OF DELHI
LAWS(DLH)-2007-9-144
HIGH COURT OF DELHI
Decided on September 25,2007

HARI LAL Appellant
VERSUS
MUNICIPAL CORPORATION OF DELHI Respondents

JUDGEMENT

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 Surgeon.
(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 consideration."
(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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