NIGHAT PARVEEN Vs. MCD

JUDGEMENT

(1.) THE Municipal Corporation of Delhi made appointments to the post of Unani Hakim after conducting interviews on April 10, 17 and 19, in the year 1989. A select panel of 04 Unani Hakim was prepared, in order of merit, as under:-

(2.) THE petitioner was at Sl.No.1of the select panel having obtained 20 marks and respondent No.3 was at Sl.No.4 of the select panel having obtained 16 1/2 marks. It is not in dispute that as per the applicable Rules governing seniority issued on July 03, 1986 by the Municipal Corporation of Delhi, seniority of direct recruits was to be determined by the order of merit in which they were selected for appointment.

(3.) ON November 04, 1992, the Government of India issued an Office Order, keeping in view the law declared by the Supreme Court : that as regards directly recruited persons, inter-se seniority has to be as per the order of merit at the selection process. Needless to state, as regards the Municipal Corporation of Delhi, it was already bound by the applicable Rules governing seniority framed on July 3, 1986, to which we have made a reference hereinabove. But by way of abandoned precaution, the Municipal Corporation of Delhi had resolved that insofar they are not inconsistent with any service Rules framed by the Corporation, directions and guidelines issued by the Government of India from time to time would apply to the Municipal Employees.