OM PRAKASH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) DECIDING a batch of the transfer applications which were filed as writ petitions in this Court but were re-registered as transfer applications upon a notification being issued requiring service disputes between employees of the Municipal Corporation of Delhi and the Corporation to be decided by the Central Administrative Tribunal, the Tribunal took a view that though right to employment is not a fundamental right but in matters pertaining to employment under the State and the statutory authorities constituted under Acts of Parliament an element of fairness must permeate the employment. The issue before the Tribunal was a claim by the seasonally appointed Domestic Breeding Checkers seeking creation of 3500 permanent posts and permanently appointed against the said posts.

(2.) IT appears that the Standing Committee of the Corporation and the Corporation was in favour of converting the seasonal posts into permanent posts but the Commissioner of the Corporation was not in favour thereof in view of the fact that the work of Domestic Breeding Checkers was available only for 7 months in a year, when mosquitoes breed.

(3.) AS we are finding in various orders passed by the Tribunal no definite conclusions are arrived at. On the one hand the Tribunal takes the view that it cannot enter into the domain of the executive, in that, it is the executive alone which can create permanent posts and yet makes observations and return findings which are determinative of the fact that permanent posts are required to be created. At the second stage of litigation the Tribunal holds the respondents being bound by the determinative findings arrived at by the Tribunal and under contempt jurisdiction virtually forces the authorities to sanction posts.