SHEKHAR Vs. MCD

JUDGEMENT

(1.) The petitioners have prayed for quashing the action of the respondents in trying to fill up the vacancies of 'Safai Karamchari' (SK) from outside the approved list of 1275 candidates who had allegedly earlier worked during the sanitation drive, in violation of rules, regulations and policies and principles of equity, justice and good conscience.

(2.) The petitioners have contended that a list of 1275 candidates who had earlier worked during the sanitation drive was prepared. According to the petitioners workers other than those whose name appears in the list are not entitled for appointment. The allegation of the petitioners is that now the respondents are trying to employ people other than those who are in the approved list of 1275 candidates.

(3.) The plea of the petitioners is that the list was prepared by sanitation department (South Zone), Green Park, MCD, New Delhi on 21st December, 1998 and an office note was put up on 21st April, 2000 that keeping in view the difficulties being faced in maintaining cleanliness, hygiene and sanitation, the Zonal Commissioner had approved the said list on 7th January, 2000. According to the petitioners this note was further put up for approval from the Additional Commissioner, Headquarter who wrote a further note that in the South Zone the said list be adhered strictly as per seniority and no fresh person should be engaged till such time the list is exhausted and was approved by the Additional Commissioner on 7th August, 2000. A copy of the list dated 21st December, 1998 and the alleged file notings dated 21st April, 2000 and 26th July, 2000 have been produced by the petitioner.