VIRESHWAR SINGH Vs. MCD

JUDGEMENT

(1.) THE petitioners, thirty three in number, have impugned the order dated 9th December, 2010 passed by the Central Administrative Tribunal, Principal Bench, Delhi (Tribunal, for short) dismissing their Transfer Application No.398/2009 and allowing OA No.1601/2010 filed by the private respondent No.3 herein.

(2.) THE petitioners were appointed as General Duty Medical Officers (GDMO) Grade II on ad-hoc basis from 1986 to 1989 by the Municipal Corporation of Delhi (MCD). THEy claim regularization and seniority from the date of their initial appointment and not from the date when they were regularized. Accordingly, they had prayed for quashing of order dated 15th June, 2007 passed by the MCD, by which it was held that sixty three GDMOs of the first batch, who were appointed during the period 1982 to 1986 on ad-hoc basis, were/are treated as regularized with effect from 27th June, 1991 i.e. the date of communication of the recommendation of the Union Public Service Commission (UPSC) and fifty three GDMOs, who were appointed on ad-hoc basis during the period 1986 to 1989 were/are treated as regularized with effect from 24th July, 1998 i.e. the date of communication of the recommendation of the UPSC.

(3.) MCD on ad-hoc basis appointed two batches of GDMO-II between the periods 1982 to 1986 and from 1986 to 1989. On 27 th June, 1991 MCD sent cases of eighty two GDMOs from the first batch to UPSC for regularization of their service. On the basis of the recommendation issued by the UPSC, MCD regularized services of sixty three GDMOs with effect from 27th June, 1991 i.e. the date of recommendation. Ten GDMOs had been declared unfit for regularization. Some others were also declared fit but subject to vigilance clearance.