GOVT OF NCT OF DELHI v. BEENA DEVI; KISHORE AND ORS

1. Thesethreewritpetitions arise from the different orders passedbythe CentralAdministrativeTribimal (CAT), particularswhereof, areasfollows; Sr. No. O.A. no. Date of Decision 1 2235/2015 30.09.2016 2 2337/2015 04.10.2016 3 2336/2015 04.10.2016

2. The Tribunal decided OA no. 2235/2015 by adetailed order dated 30.09.2016 and on the basis of the said decision, the other two said OAs were also disposed of.

3. The respondents-applicants were appointed on daily wage basis to work as Cooks, Kitchen Helpers, Aayas and Safaiwalas in Bhnd Boys School. Their appointments relate back to the year 2003 and thereafter. Their engagementwas suddenly discontinuedon 04.06.2015. Consequently, they approached the Tribunal. The Tribunal allowed the OAs with the directions to the petitionerto continue the services ofthe applicants till such time they are replaced by the candidates appointed through aregular procedure.

4. The submission of the learned counsel for the petitioner is that the Tribunal has relied upon an earlier order passed in OA no. 3972/2013 and OA no. 666/2014 dated 02.05.2014, wherein the Tribunal dealt with the cases of persons appointed on contractual basis. However, in the present case, the appointments of the respondents were made, not on contract basis but as daily wagers. The submission of the learned counsel is that the petitioner proposes to engage the respondents through an outsourcing agency on contractual basis.

5. During the course of submission, learned counsel for the petitioner has submitted that there are no sanctioned posts and there are no recruitment rules in respect of posts for jobs being performed by the respondents at the Blind Boys School, which, we are informed comes under Sewa Kutir.

6. We are shocked that no posts for such imperative jobs have been 4^,- sanctioned in the Blind Boys School, even though the jobs performed by the respondents are of perennial nature, and, by running the Blind Boys School, the State is discharging one of the most important welfare responsibilities that falls on its shoulders. The fact that the respondents have been engaged since 2003 and thereafter, itself shows that their services are necessary to run the affairs ofthe Blind Boys School on a daily basis.

7. The proposal to engage the respondents through an outsourcing agency does not appeal to this court for the reason that, doing so would mean that even now and then new contractual employees could be posted at a sensitive institute like the Blind Boys School, which would not be;, conducive to the efficient working of such an institution. The aspects of permanency, the responsibilities and the familiarity with the environment, which should be the paramount consideration, while dealing with such an institution, would be lost. We therefore, dismiss the petitions with directions to the petitioners to examine the requirement of the Blind Boys School; to sanction the requisite number of posts in the different grades; to formulate recruitment rules for the same, and, to make regular appointments.

8. We are also shocked to learn that though the respondents continued to work on a daily basis, their salaries have not been released for the past four months. Even earlier, they were not paid salary on regular basis and were beingpaid lumpsum amounts, in instalments, afterwaiting for months. The submission of the learned counsel is that this has resulted on account of fiinds not being sanctioned for payment of salaries of the respondents. We cannot countenance such a situation. We, therefore,.direct the petitioner to clear all the arrears of salary within two weeks from today with interest @ 6% p.a. for the delayed period. We also direct that in future all the respondents should be paid their salary month after month (though they are daily wagers), and we direct the Chief Minister, GoVt. of NGT of Delhi to ensure that before he draws his salary, the salary of the respondents is released.

9. The petitioner shall also bepaid interest payable in terms of para[3] of the orderdated31.05.2018 in respectof delay in release of the amounts due.

10. The petitions stand disposed of accordingly.

VIPIN SANGHI, J

A. K. CHAWLA, J

DECEMBER 04,2018 rc