NAGESH SHARMA Vs. DELHI TRANSPORT CORPORATION

JUDGEMENT

(1.) -These proceedings under Article 226 of the Constitution of India involve common questions of fact and law, therefore, they were heard together. The petitioners question orders issued by the common respondent (hereinafter called "the DTC), which is their employer, cancelling their appointment as Assistant Store Keeper.

(2.) The petitioners were working as conductors with the DTC. The latter called for applications from amongst monthly rated conductors, on 28.2.2005, to fill up the post of Assistant Store Keeper. The last date prescribed for receipt of applications was 11.3.2005; all the petitioners applied for the post. The DTC received about 600 applications. It carried out the process of short-listing candidates and inviting those found eligible. By adopting this procedure, the DTC sent interview letters to about 259 employees, including the petitioners. The process of holding interviews was undertaken on the 30th and 31st May, 20.05. The petitioners too, were interviewed. The successful candidates were intimated about their selection and asked to report for duties, in the first week of June, 2005. The petitioners were also similarly asked to report for duties, which they did.

(3.) The DTC issued a memorandum containing the list of all 61 persons appointed as Assistant Store Keepers, on 1/6 of June, 2005. The letter indicated that the candidates, were working as conductors, had been found suitable for the post of Assistant Store Keeper and were being appointed in that capacity, with immediate effect, in the pay scale of Rs. 3200-85-4900. The appointment order also contain the following stipulation: