MCD Vs. C.M. VIJ

JUDGEMENT

(1.) THIS writ petition preferred by the Municipal Corporation of Delhi is directed against a judgment of the Central Administrative Tribunal ("CAT") dated 11.11.2009 in T.A. No. 1060/2009, and the subsequent judgment dismissing the review application (No. 267/2011) dated 01.12.2011.

(2.) THE facts of this case are not in dispute between the parties. The Respondent, Sh. CM Vij ­ held the post of Superintending Engineer (Civil) with effect from 08.08.1987 (though it became regularized only on 04.10.1996), and the post of the Chief Engineer (Civil) with effect from 07.2.1994. Subsequently, through an order dated 26.08.1997 (No. F.8(15)/CED(II)/86/Pt.II/43/22297-368), he was appointed as a Municipal Engineer/Engineer-in-Chief on ad-hoc or temporary basis (the Office Order, in fact, notes that Vij will hold the post "..........till such time the post is filled up on regular basis......" Vij's post ­ either as Chief Engineer (Civil) or as Engineer-in-Chief, the latter being a Category A post ­ was never regularized. It is also appropriate to note here that in compliance with certain directions issued of this Court in W.P.(C) No. 3164/1987, (the details of which do not concern the present case) the seniority list was reissued, in which Vij was promoted as Engineer-in-Chief notionally from 01.11.1995. But even under that reordering (in MCD Order No. F.33/CED/4221/C&C), dated 15.01.1998, the post was only held on ad-hoc basis. Indeed, as the CAT also noted, ".................in the instant case, it is undisputed that the Applicant's promotion is not on current charge basis......"

(3.) BASING its decision on Resolution No. 428, which, the CAT noted "was not contested" by the MCD, the pay scale of an Engineer- in-Chief stood enhanced to Rs.22,400-24,500. On the second question, the CAT observed that