MUNICIPAL CORPORATION OF DELHI vs ROOP CHAND

Judgment text excerpt

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16.05.2025 + W.P.(C) 6567/2025 MUNICIPAL CORPORATION OF DELHI .....Petitioner Through: Dr. Divya Swamy, Standing Counsel, MCD. versus ROOP CHAND .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON’BLE MS. JUSTICE RENU BHATNAGAR NAVIN CHAWLA, J. (Oral) CM APPL. 29777/2025 (Exemption) 1. Allowed, subject to all just exceptions. CM APPL. 29778/2025 (Exemption) 2. Allowed, subject to all just exceptions. W.P.(C) 6567/2025 & CM APPL. 29776/2025 (stay) 3. This petition has been filed by the petitioner, challenging the Order dated 23.09.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as, ‘Tribunal’) in O.A. No. 1848/2023, titled Roop Chand v. The Commissioner, Municipal Corporation of Delhi and Ors., whereby the learned Tribunal allowed the said O.A. filed by the respondent herein, with the following direction:- “17. Accordingly with the balance of convenience clearly in favour of the applicant and the instant OA having merit, the OA is allowed. We hold that the applicant has Signature Not Verified Signed By:VIJAYA W.P.(C) 6567/2025 Page 1 of 5 LAKSHMI DOBHAL Signing Date:20.05.2025 11:36:50 been wrongly assigned empanelment year 2018 for promotion to the post of Executive Engineer (Electrical) whereas he is entitled to early vacancy years i.e., 2012-13/2013-14. We, therefore, direct the respondents to hold a review DPC and assign appropriate vacancy year for purposes of regular promotion to the post of Executive Engineer (Electrical) and modify the order dated 11.04.2023. There shall however be no order as to costs.” 4. To give a brief background of the facts on which the present petition arises, the respondent was initially a