Supreme Court of India
NORTH DELHI MUNICIPAL CORPORATION versus HARLEEN KAUR & ORS. on 22 November 2019
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SUPREME COURT REPORTS
[2019] 18 S.C.R.
ANORTH DELHI MUNICIPAL CORPORATION
v.
HARLEEN KAUR & ORS.
(Civil Appeal No. 8974 of 2019)
BNOVEMBER 22, 2019
[DR DHANANJAYA Y CHANDRACHUD ANDHRISHIKESH ROY, JJ.]
Service Law – Regularisation – High Court furnished cogentreasons for declining to interfere with the order of the TribunalCdirecting the appellant to consider the cases of respondents forregularization as Entomologists – Insofar as consequential monetarybenefits is concerned, same directed to be granted w.e.f. date of thejudgment of the Tribunal – Respondents entitled to notional payfixation and continuity of service.
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CIVIL APPELLATE JURISDICTION: Civil Appeal No.8974 of2019.
From the Judgment and Order dated 20.11.2018 of the High Courtof Delhi at New Delhi in W.P. (C) No.3692/2016.
Vikramjit Banerjee, ASG, Praveen Swarup, Suvesh Kumar,Chandra Pratap Singh, B.C. Santosh Kumar, Advs. for the Appellant.
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Satya Mitra Garg, M. K. Bhardwaj, Advs. for the Respondents.
The following Order of the Court was passed:
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ORDER
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1. Delay condoned.
2. Leave granted.
3. The High Court has furnished cogent reasons for declining tointerfere with the order of the Tribunal directing the appellant to considerGthe cases of the respondents for regularization as Entomologists.
4. The respondents were appointed after public advertisementand were selected on the basis of interviews. They have been workingsince 1997-8. Though the appointment was contractual for a period ofsix months, it has been extended.H
Subsequently, on 14 July 2008, posts were created by conversionof the existing posts of AMO, DMO, Entomologist and Asst.Entomologist. The Tribunal noted that the respondents are working againstseven posts of Entomologists out of twelve sanctioned posts. Therespondents were engaged with a view to counter the outbreak of dengue,a situation which continues to cause concern even at the present time.The Tribunal has duly considered the decision in State of Karnataka vUmadevi[1].
5. We are not inclined to entertain this appeal insofar as the grantof regularization is concerned.
6. However, insofar as consequential monetary benefits areconcerned, learned counsel appearing on behalf of the appellant submittedthat the Municipal Corporation should not be saddled with the obligationof granting monetary benefits from 2008 as awarded by the High Court.On this aspect, learned Counsel appearing on behalf of the respondentshas fairly left it to the discretion of this Court.
7. We, accordingly, order and direct that the grant of monetarybenefits shall be with effect from the date of the judgment of the CentralAdministrative Tribunal i.e. with effect from 1 October 2015. However,we clarify that the respondents would be entitled to notional pay fixationand continuity of service.
8. Subject to the aforesaid modification, the appeal is disposed of.Compliance shall be effected within a period of two months from thedate of receipt of a certified copy of this order.
Bibhuti Bhushan Bose
Appeal disposed of.
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