SUBHASH CHAND Vs. MCD

JUDGEMENT

(1.) This Letters Patent Appeal arises out of an order dated 13th January, 2006, passed by a Learned Single Judge of this Court, whereby a batch of writ petitions has been disposed of with a direction to the MCD to prepare a seniority list of Domestic Breeding Checkers / Health Workers taking into consideration all the relevant materials. An out-break of Dengue in Delhi in the year 1996 appears to have led the respondent, MCD to a decision to engage daily wagers on contract basis for controlling and preventing the disease, which is believed to be caused by mosquito bite. Since the disease had taken the proportion of an epidemic, the MCD appears to have engaged 10,000 workers on contract basis in a short span of time between 19th October, 1996 to 21st October, 1996 . No regular selection of these appointed appears to have been conducted by the MCD. Even the records relating to the said selection does not appear to be readily available. The persons who were appointed are said to have worked for two to three weeks during the year 1996.

(2.) For the following year i.e. 1997 the MCD decided to select 3333 Domestic Breeding Checkers for a period of five months again on contract basis on a consolidated salary of Rs. 2,000/- per month. Advertisements appear to have been issued in that regard and the candidates called for interview. Since, however, there were allegations regarding the validity of the said process, the same was cancelled and fresh applications invited from the eligible candidates. A fresh lot of 3333 candidates was, on that basis, selected by the MCD by draw of lots. These appointments and engagements were also made on contract basis only. The petitioners, it is noteworthy, were some of those who were engaged on contract basis in the year 1997. They appear to have filed a batch of writ petitions in this Court seeking a mandamus directing the MCD to prepare a scheme for regularization of their services and to continue them in employment till the time the scheme is finalized. These petitions were dismissed by a learned Single Judge of this Court who held that running a temporary campaigns and engaging health workers for specified terms for the same did not give rise to any question of regularization of such employments.

(3.) Aggrieved by the above order some of the petitioners preferred Writ Appeal No. 453/2004 which was also dismissed by a Devision Bench of this Court holding that the petitioners had no case for regularization of their services especially when their engagement was temporary in nature and for a specific purpose. According to the Division Bench, there was no similarity between the facts of the case at hand and those relied upon by the petitioners . The Division Bench observed that if MCD decided to create any posts for continuance of the campaign in future, the petitioners could also be considered while filling up such vacancies. The controversy regarding regularization was thus given a quietus by the Devision Bench.