GOVT OF NCT OF DELHI Vs. SUNIL KUMAR

JUDGEMENT

(1.) THIS is an application by the petitioner/applicant for setting aside the order of dismissal dated 30th August, 2010 of the writ petition in default of appearance of the counsel for the petitioner and anyone on behalf of the petitioner. The applicant has contended that the counsel for the applicant was not well and had requested his associate to attend the hearing in the Court. However the associate could not reach the Court in time leading to dismissal of the writ petition in default. For the reasons stated in the application there is sufficient cause for setting aside the order dated 30th August, 2010 dismissing the writ petition in default of appearance of counsel for the petitioner. Consequently the application is allowed, the order of dismissal dated 30th August, 2010 is set aside and the writ petition is restored to its original number. The petitioner Government of NCT of Delhi has challenged the order dated 31.12.2003 passed by Central Administrative Tribunal, Principal Bench in O.A No.1548/2003 titled "Shri Sunil Kumar & Ors. Vs. Government of NCT of Delhi & Ors." and the order dated 27.4.2004 in RA No. 58/2004 allowing the application of the respondents and directing the petitioner to grant the benefits of ACP Scheme to the respondents in the light of findings of the Tribunal.

(2.) BRIEF facts to comprehend the dispute are that the respondents were originally appointed in Delhi Energy Development Agency ("DEDA"), an autonomous body falling under Government of NCT of Delhi as LDC in the pay-scale of Rs.950-1500 revised pay-scale 3050- 4590 with effect from different dates as applicable to them.

(3.) THE respondents were denied the benefit of ACP which was granted to the similarly situated persons by an order dated 21.02.2002. THE respondents alleged that the previous service along with the regular service in the GNCT of Delhi has been counted for calculating the period of ACP in cases of similarly situated persons who were re-deployed from DEDA to GNCT of Delhi, however, the same had been denied to the respondents. THE respondents had contended that benefit of ACP Scheme was available in case of re-deployed personnel by counting the regular services rendered by them in their previous organization along with their regular service in the new organization where they were transferred in public interest and were neither freshly appointed nor directly appointed.