Monday, April 28, 2025

Regularization of Guest Teachers – Delhi Govt. must decide within 4 weeks and till then services must not be terminated – Central Administrative Tribunal, Delhi

Regularization of Guest Teachers – Delhi Govt. must decide within 4 weeks and till then services must not be terminated – Central Administrative Tribunal, Delhi

Delhi, April 3, 2025

The Central Administrative Tribunal (CAT), Principal Bench, New Delhi, has provided interim relief to twenty Guest Teachers working under the Government of NCT of Delhi by directing that they shall not be disengaged from their posts unless regularly selected candidates are available.

The Original Application (O.A. No. 1194/2025) was filed by Samor Mandal and nineteen others, who have been serving as Guest Teachers across various government schools for over 10 – 15 years. The applicants sought regularization of their services from the initial date of their appointment, along with consequential benefits such as arrears of salary based on the principle of "equal pay for equal work."

The applicants argued that despite their long-standing services against sanctioned posts, their regularization had been neglected, even after the Delhi Legislative Assembly introduced the "Regularisation of Service of Guest Teachers Bill, 2017," which ultimately did not become law.

During the hearing, the applicants requested that their case be disposed of with liberty to file a comprehensive representation, seeking a time-bound decision from the government. Accepting this limited request, the Tribunal, consisting of Hon’ble Mr. R.N. Singh (Judicial Member) and Hon’ble Mr. Sanjeeva Kumar (Administrative Member), allowed the applicants to submit additional representations within a week and directed the respondents to decide on these representations within four weeks.

Importantly, the Tribunal ordered that until a final decision is made, the services of the applicants should not be terminated unless duly selected regular candidates are available to take over.

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2025042817458390312025%20CAT%20-%20Samor%20Mandal.pdf

 

https://advocateanujaggarwal.com/home.php

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

Thursday, April 3, 2025

Retrospective promotion to an MCD retired employee with all consequential benefits

Central Administrative Tribunal, Principal Bench, New Delhi

20.12.2024

 

Retrospective promotion to an MCD retired employee with all consequential benefits

 

The Central Administrative Tribunal (CAT), Principal Bench, New Delhi, has directed the MCD to grant due promotions and consequential benefits to an employee who faced delays in career advancement despite a previous reinstatement order.

 

The case, filed by Sh. Ashok Kumar Gupta, challenged the denial of promotion to the post of Upper Division Clerk (UDC) and subsequent service benefits that were granted to his juniors. The Tribunal ruled that the applicant was wrongfully excluded from promotion despite a favourable Industrial Tribunal’s ruling in 2011, which had already directed his reinstatement with full benefits.

 

Key Observations of the Tribunal

The Tribunal highlighted several inconsistencies in the MCD’s actions, including:

  • Failure to promote the applicant while his juniors were promoted.
  • Non-implementation of back wages and service continuity as per the 2011 Award.
  • Delay in granting Non-Functional Selection Grade (NFSG), which was otherwise given to employees in similar positions.

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2025040317436757332024%20CAT%20-%20Ashok%20Kumar%20Gupta.pdf

 

https://advocateanujaggarwal.com/home.php

 

[Sh. Ashok Kumar Gupta Vs. NDMC & Ors., OA No. 200/2018, decided on 20.12.2024, Central Administrative Tribunal, Principal Bench, New Delhi]

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com