Rekha Palli, J. - (1.) The present writ petition under Articles 226 and 227 of the Constitution of India filed by the Delhi Jal Board assails the order dated 24.09.2018 passed by the Principal Bench, Central Administrative Tribunal, New Delhi in OA No. 3578/2016. The aforesaid Original Application (hereinafter referred to as 'OA') had been preferred by the respondent nos. 1-17 herein seeking inter alia fixation of their pay as Lower Division Clerk at par with their batchmates as also coverage under the old pension scheme governed by the provisions of the CCS (Pension) Rules, 1972.
(2.) Pursuant to a requisition made by the Delhi Jal Board/petitioner, the Delhi Subordinate Service Selection Board/respondent no.18 issued an advertisement in the year 2000 inviting applications for the post of Lower Division Clerk (LDC) in the Delhi Jail Board. The respondent nos. 1-17 (hereinafter referred to as 'respondents') applied for the said post and appeared for the written examination held in 2002. The result thereof, only pertaining to the unreserved (UR) category, was declared on 17.09.2002 and the appointments of those candidates were accordingly carried out in 2003. Subsequently, the result of the candidates belonging to the Scheduled Tribe (ST) category was also declared on 31.08.2003. However, the result of the candidates belonging to the Scheduled Caste (SC)/ Other Backward Classes (OBC) Category was not declared at that stage on account of the pendency of the LPA No. 625/2002 titled DSSSB v. Kunwar Pal Singh and Ors (hereinafter referred to as 'LPA') wherein the issuance of caste certificates to persons born and brought up in Delhi on the basis of the caste certificates issued to their fathers who were migrants from other states, was under consideration.
(3.) Thus, while the result of the candidates belonging to the UR and ST categories was declared in 2002 and 2003 resulting in their consequential appointment in service before 01/01.2004, the result of candidates belonging to the SC/OBC category from the same selection process was thereafter declared only in December 2004 and, resultantly, the respondents, being candidates belonging to the SC/OBC Categories, were appointed to the post of LDC only in April 2005-April 2006.;