KRIPA NARAIN SHAHI Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) The present review petition filed by the petitioners seeks review of the order dtd. 10/3/2017 passed by this Court, vide which the writ petition assailing the order dtd. 21/4/2016 passed by the learned Central Administrative Tribunal in O.A. NO. 1448/2012 was dismissed.

(2.) We may at the outset note that the writ petition was filed assailing the order dtd. 21/4/2016 passed by the learned Tribunal whereunder the claim of the petitioners for regularisation on the post of Lift Operator (Group 'C') was rejected. Vide order dtd. 10/3/2017 of which review is being sought, this Court rejected the petitioner's claim inter alia on the ground that the petitioners did not possess the mandatory education qualification of Matriculation/Higher Secondary with ITI certificate in the trade of Electrician/Wireman from a recognized institution and were, therefore, not eligible for appointment to the post of Lift Operator.

(3.) Learned counsel for the petitioners submits that there is an error apparent on the face of the record as the order wrongly records that the petitioners did not possess the minimum educational qualification required for appointment to the post of Lift Operator, a Group 'C' post. He submits that even though the order correctly records that the minimum educational qualification required for appointment to the said post is Matriculation/Higher Secondary with ITI certificate in the trade of Electrician/Wireman from a recognized institution, it erroneously records that the petitioners do not possess this qualification. By drawing our attention to the note-sheet dtd. 31/1/2012 signed by the Executive Engineer in the respondent department, he submits that it is the own case of the respondents that both petitioners hold the requisite ITI certificate in the trade of Electrician and are therefore, holding the necessary qualification for appointment as a Lift Operator. He, therefore, prays that the presumption on which the writ petition was dismissed, being factually incorrect, the order dtd. 10/3/2017 be reviewed and the writ petition be heard afresh on merits.