EVEN AD-HOC DOCTORS ARE ENTITLED TO 180 DAYS PAID MATERNITY LEAVE – DECLARED CENTRAL ADMINISTRATIVE TRIBUNAL, DELHI

The Central Administrative Tribunal (CAT) on 13.12.2017 in O.A. No. 1087/2017 entitled “Dr. Neha Nischal vs. Govt. of NCT of Delhi & Ors.” declared that even ad-hoc female doctors are entitled to 180 days paid maternity leave.

Mr. Anuj Aggarwal, Advocate, counsel for the applicant, argued that since permanent/regular doctors are given 180 days paid maternity leave, there is no justification in not giving the same treatment to ad-hoc doctors. Accepting the argument, CAT directed the Delhi Government to pay full salary of the maternity leave to the applicant for 180 days.

The applicant, Dr. Neha Nishcal, was working as a Senior Resident in the Department of Radiology on ad-hoc basis in Govind Ballabh Pant Institute Post Graduate Medical Education & Research (GIPMER), Govt. of NCT of Delhi, when she availed the maternity leave from 16.05.2016 to 11.11.2016.

http://advocateanujaggarwal.com/notejudgement.php?courtid=3

Question Paper Leak Case - CAT stays the declaration of result by DSSSB of all the candidates who appeared in the written examination conducted for appointment of Primary Teacher’s in MCD

Central Administrative Tribunal, on 18.12.2017 in “Munesh Kumari vs. Govt. of NCT of Delhi & Ors.” [O. A. No. 4472/2017], directed the Delhi Subordinate Services Selection Board (DSSSB) to not to declare the result of all the candidates who had appeared in the written examination conducted for appointment on the post of Primary Teachers in MCD [Post Code 16/17].

On 29.10.2017, a written examination was conducted by the DSSSB for selecting the candidates for appointment on the post of primary teachers in MCD. The said examination was conducted at 233 centers all over Delhi and more than 1 Lakh candidates appeared in the said examination seeking appointment on 4366 vacancies.

Anuj Aggarwal, Advocate, appearing for Smt. Munesh Kumari, one of the candidate who had appeared in the said written examination and who was aggrieved by the leakage of the question paper, argued that the said written examination stood vitiated because the question paper of the said examination was leaked prior to the commencement of the examination. He further argued that it is a case of large scale cheating and it is impossible to separate the genuine candidates and the candidates who had availed the benefit of leaked question paper and illegal means.

Accepting the argument advanced by Anuj Aggarwal, Advocate, the CAT issued notice to the Lt. Governor, Delhi Government, DSSSB, Delhi Police and all the 3 MCDs. CAT further directed the DSSSB to not to declare the result of the written examination till the next date of hearing. CAT also directed the DSSSB to submit a detailed reply/status report within 3 weeks. CAT also directed the Delhi Police to submit its investigation report. The next date of hearing is 16.01.2018.

It may be noted that on 20.11.2017, in the aforesaid paper leak case, the Hon’ble Chief Minister of Delhi Shri Arvind Kejriwal had directed the DSSSB to cancel the examination with immediate effect and submit the compliance report by 21.11.2017. The DSSSB has till date failed to comply with the aforesaid directions issued by the Hon’ble Chief Minister.

It may also be noted that 85 other candidates, who were aggrieved by the leakage of question of paper and large scale cheating, had approached the Hon’ble CAT on 13.11.2017 by way of an Original Application No. 3961/2017 titled “Naveen Kumar & Ors. vs. DSSSB & Ors.”. In the said case, Delhi Police has filed a status report which clearly shows that the question paper was leaked prior to the commencement of examination and it is a case of large scale cheating using mobile phones, laptops, electronic devices, sim cards, bluetooth, etc.

http://www.advocateanujaggarwal.com/