VANDANA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE applicant herein was appointed as Technical Assistant in Deen Dayal Upadhaya Hospital, Hari Nagar, New Delhi on contract basis for 89 days w.e.f. 15.2.2001. She continued in service with technical breaks from time to time. In the present Original Application filed by her, a prayer has been made for issuance of direction to the respondents to release her salary not paid since June 2013 and to consider her case for regularization in the light of the judgment of the Hon'ble High Court in Govt. of NCT of Delhi v. Smt. Suman Singh W.P.(C) No. 4641/2012 decided on 20.3.2013 and Sonia Gandhi and Others v. Govt. of NCT of Delhi and Others W.P.(C) No. 6798/2002 with connected petition decided on 6.11.2013. Mr. S.N. Gupta, learned counsel for applicant read out the judgment of Hon'ble High Court in Sonia Gandhi and Others v. Govt. of NCT of Delhi and Others (supra) and submitted that the respondents need to regulate the service conditions and claim of the applicant for regularization in terms of the said judgment. He also relied upon the following Orders of this Tribunal:

(2.) ON the other hand, Mr. Vijay Pandita, learned counsel for respondents relied upon the judgment of Hon'ble Supreme Court in Indian Drugs and Pharmaceuticals Ltd. v. Workmen, Indian Drugs and Pharmaceuticals Ltd. (2007) 1 SCC 408 : LNIND 2006 SC 984 : (2007) 7 MLJ 916 : 2007 -I -LLJ -580 and submitted:

(3.) WITH reference to the judgment dated 25.9.2013 passed by the Hon'ble High Court in Balbir Singh v. Govt. of NCT of Delhi and Others W.P.(C) No. 6120/2013, Mr. Pandita submitted that the Tribunal cannot issue direction for regularization of contractual employees. According to him, as has been ruled by the Hon'ble Supreme Court in B.T. Krishnamurthy v. Sri Basaveswara Education society and Others AIR 2013 SC 1787 : (2013) 4 SCC 490 : LNIND 2013 SC 1177, the Tribunal would be misdirecting itself in passing any order of regularization of service of the applicant. Paragraph 23 of the said judgment reads thus: