GOVT OF NCT OF DELHI Vs. DINESH VERMA

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 he 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. 1. The petitioner Government of NCT of Delhi has challenged the order dated 10.12.2004 passed by Central Administrative Tribunal, Principal Bench in O.A No.998/2004 titled "Shri Dinesh Verma Vs. Government of NCT of Delhi & Ors." allowing the application of the respondent and directing the petitioner to restore the benefits of ACP Scheme to the respondent and also directing for awarding consequential benefits.

(2.) BRIEF facts to comprehend the dispute are that the respondent was 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 w.e.f. 01.06.1982.

(3.) THE respondent was granted benefit of ACP w.e.f. 01.06.2000 by an order dated 21.02.2002 as he had rendered adequate number of years of regular service as contemplated under the scheme. THE respondent 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 not freshly appointed.