R.K. MANN Vs. UNION OF INDIA

JUDGEMENT

(1.) The Applicants are Assistant Malaria Inspectors. Their next promotional post is Malaria Inspector. At present, they are governed by the Recruitment Regulations, for the post of Malaria Inspector in the Health Department of Municipal Corporation of Delhi notified vide No.F2/210/75 -LSG dated February 1976 (1976 Rules for short). According to the said Recruitment Rules, the educational qualification for promotion to the post of Malaria Inspector is Matriculation with Science. However, the Respondent -MCD in terms of the provisions contained Section in 98 of the Municipal Corporation of Delhi Act, proposed draft Recruitment Rules to amend the 1976 Rules. By the proposed amendment, the educational qualification for the post of Malaria Inspector contained in 1976 Rules as has been prescribed as only Matriculation. In other words, the MCD wanted to remove the word Science for the 1976 Rules in which the prescribed educational qualification was Matriculation with Science. Thus the educational & other qualifications required for direct recruitment in the existing Recruitment Rules for the post of Malaria Inspector in Municipal Corporation of Delhi and in the proposed amended Rules are as under: Existing notified Recruitment Rules Proposed Recruitment Regulations: Essential Essential 1. Matric with Science subject Univ. of Board. 1. Matric pass from a recognized from recognized Univ. of Board.

(2.) Sanitary Inspector Diploma or Malaria Inspector course from a recognized institution 2. Sanitary Inspector Diploma or Malaria Inspector course from a recognized institution.

(3.) 3 years experience in mosquito control field work. 3. 3 years experience in mosquito control field work. 2. The reliefs sought by the Applicants in this OA are as under: (i) To direct the respondents to notify the amended recruitment rules for the post of Malaria Inspector, which was sent to respondent no.2 by MCD vide letter dated 20/3/98 for notification in Delhi Gazette, within a fixed time period. (ii) To direct the respondents to follow the Draft Rules as was being previously done after the Draft Rules were approved by the concerned authorities. (iii) Award costs and (iv) Pass any other order/direction as may be deemed just & proper in the facts and circumstances of the case. 3. According to the applicants, the respondents have been operating the proposed amended regulation without Notification in the Official Gazette for the last several years and number of Assistant Malaria Inspectors without having the essential qualification of Matric with Science have been promoted as Malaria Inspectors. Some of the aggrieved Assistant Malaria Inspectors have challenged aforesaid action on the part of the M.C.D.before this Tribunal in TA No.110/2009 in the case of M.S.Yadav and Others vs. Commissioner of MCD & Others and the same was decided by this Tribunal on 17.11.2009 with the following directions: 8. We leave it to the Respondent -MCD to deal with those category of officials, who have been wrongly promoted. However, in so far as the Applicants are concerned, their promotion cannot be deferred for years together because of the illegality committed by the Respondent -MCD. We, therefore, direct that the Respondents would consider the Applicants for promotion to the grade of MI from the years from which they would become eligible for promotion under the properly notified Recruitment Rules, which were in force at the relevant time. The Applicants would thereafter be considered for further promotion after acquiring eligibility for promotion to SMI etc. The promotions so granted to the Applicants would be notional and they would not be eligible for back wages but it would be counted towards calculation of increment and pension. The aforesaid directions would be complied with within a period of four months from the date of receipt of a certified copy of this order. No costs.