SUDERSHAN KUMAR Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) THE present OA was filed praying for the following reliefs: -

(2.) THE fact of the case in brief are that the respondent No. 2 invited applications from regular employees of NDMC for filling the post of ALO on ad -hoc basis vide circular dated 29.04.2011, which reads as under: -

(3.) LEARNED counsel for the applicants submitted that respondents had in their circular dated 29.4.2011 clearly stated that pending recruitment of ALO on regular basis from DSSSB, they proposed to fill up the posts from amongst regular employees working in NDMC. The applicants were selected after considering their bio -data and appointed as ALO on CDC with the stipulation that their appointments will be re -examined after 1.1.2012. No such re -examination has been done and the applicants continue to work as ALOs. It is obvious that respondents were satisfied with the work of the applicants, and the necessity to continue with their engagement was still there. Now at this stage the move on the part of the respondents to fill up the posts by another set of contract employees, till the time regular recruitments were made by the DSSSB, was against the law established through a catena of judgments of the Courts. Learned counsel also referred to para 4 of DOP&T OM dated 3.4.2013 which provided that where the vacant post cannot be kept vacant for functional considerations, efforts are required to be made to entrust the additional charge of the post to a serving officer under provisions of FR -49, failing which only appointment by ad -hoc promotion/ad -hoc deputation is to be considered. Since the respondents have already given CDC of the post of ALO to the applicants, there is no justification for removing them from that post and appoint a fresh set of contractual employees at a time when DSSSB is proceeding with the selection of regular incumbents for these two posts. According to the learned counsel the Article 243(q) of the Constitution of India provides that A Municipality is a constitutional authority which shall have absolute autonomy. The municipalities should not meant by the government officers on deputation. They are entitled to fill up the posts from their own employees. (No such provision is seen in Article 243(q) of the Constitution) The present action on the part of the respondents to bring in persons from outside just as a stop -gap arrangement was against this provision of the Constitution.