GOVT OF NCT OF DELHI Vs. ANITA NANDA

JUDGEMENT

(1.) Interpretation of a notification dated, 12.04.1999 is in question in this writ petition, which arises out of a judgment and order dated 16.03.2001 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ( hereinafter for the sake of brevity referred to as, 'the Tribunal' ) in O.A. No. 2590 of 2000 whereby and whereunder the Original Application filed by the respondents herein was allowed.

(2.) The unofficial respondents, who are 18 in number, were appointed as Medical Officers on contract basis for a period of 89 days on a consolidated salary of Rs.6,000/- with certain persons. However, they were allowed to continue in service. In 1999, they filed an Original Application before the Tribunal praying therein for parity in pay and allowances and other benefits of service conditions as admissible to other Medical Officer (Homeopathy) ( hereinafter for the sake of brevity referred to as, 'MO(H)' ) appointed on regular basis in the pay-scale of Rs.8,000/- - Rs.13,500/- + Non Practicing Allowance. By a judgment and order dated 08.05.2000, the said Original Application was allowed with the following directions to the petitioners herein :-

(3.) Mr. V.K. Shali, the learned Counsel appearing on behalf of the petitioners, would raise a short contention in support of the present writ petition. The learned counsel would contend that the learned Tribunal misdirected itself in passing the impugned judgment insofar as it failed to take into consideration that the purported notification dated 12.04.1999 was applicable only in. relation to those who had been holding regular posts. In any event, the learned counsel would contend that as the respondents herein, in their Original Application did not pray for the said relief. In any event, the said Original Application was barred under the principles of res judicata. In support of the aforesaid contentions, reliance has been placed on Director, Institute of Management Development, U.P. v. Smt. Pushpa Srivastava, 1992 4 JT 489.