NEW DELHI MUNICIPAL COUNCIL Vs. MAN CHAND

JUDGEMENT

(1.) THIS matter is listed today since 23.01.2015 was declared a Court holiday.

(2.) THE New Delhi Municipal Council (NDMC) the writ petitioner in these proceedings - is aggrieved by an order of the Central Administrative Tribunal (CAT) in T.A. No.754/2009 dated 14.02.2012 and subsequently in review proceedings, R.A. No.140/2012. It is contended that the CAT fell into error in its appreciation that there could not have been a post or cadre -based reservation, but that in a case of recruitment through different channels, the quotas have to be worked on the basis of available vacancies.

(3.) SINCE this Court proposes to dispose of this petition, a detailed narrative of the facts is inessential. The dispute concerns seniority in the grade of Superintendent (Technical); this was to be filled by Junior Engineers in the quota of 75% from amongst engineering graduates and diploma holders, and 25% from amongst those who are not qualified. The respondents belong to the latter category. The CAT, while considering the merits of the dispute, relied on the Office Memorandum dated 02.07.1997 which was based upon the Constitution Bench decision in R.K. Sabharwal and Ors. v. State of Punjab, 1995 2 SCC 745.The CAT thereafter observed as follows: