ARUNA KENNETH Vs. MCD

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 6.10.2004 passed by the learned Single Judge dismissing the writ petitions of the appellants and also against the order dated 3.5.2005 whereby the application was filed by the appellants seeking for restoration of the writ petitions was dismissed.

(2.) Both the aforesaid orders are under challenge in these appeals on which we have heard the learned counsel for the appellants. The decision dated 6.10.2004 was rendered by the learned Single Judge on merit of the writ petitions and, therefore, the subsequent application filed and disposed of on 3.5.2005 was not maintainable as the said application was filed merely seeking restoration of the writ petitions. A writ petition can be restored to its original number when it. is dismissed in default. In the present case the writ petitions were dismissed on merit and. therefore, no applications for restoration were maintainable Therefore, the learned Single Judge was right in rejecting the said applications.

(3.) So far the challenge of the appellants as against the order dated 6.10.2004 is concerned, we have perused the said judgment and order passed by the learned Single Judge. In the writ petitions the petitioners had prayed for regularization of service from the date of their initial appointment and not from the date when they became eligible under the regularization scheme of the Municipal Corporation of Delhi. It was held by the learned Single Judge the aforesaid issue that was sought to be raised was no longer res integra in view of the decision of the court in Municipal Corporation of Delhi Vs. Gauri Shankar &: Ors. reported in 1999 Orders V AD (Delhi) 905. We have perused the said decision also wherein it has been held that regularization of casual employees can take place in: accordance with and as per the scheme on the basis of their seniority as and when posts become available. It has also been held in the said decision that regularization cannot be given from a back date as there is possibility that in such cases juniors may become seniors.