SHUBHASH CHANDRA & ORS vs COMMISSIONER, EAST DELHI MUNICIPAL CORPORATION & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 21 November 2024 Pronounced on : 28 May 2025 + W.P.(C) 1818/2019 SHUBHASH CHANDRA & ORS. ....Petitioners Through: Mr. Mukesh Gupta, Mr. Harshit Gupta & Mr. Abhishek Singh, Advs. versus COMMISSIONER, EAST DELHI MUNICIPAL CORPORATION & ORS ....Respondents Through: Mr. Kumar Rajesh Singh, SC with Ms. Punam Singh, Adv. for MCD CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AMIT SHARMA JUDGMENT % 28.05.2025 C. HARI SHANKAR, J. 1. The petitioners are seven in number. They have approached this Court under Article 226 of the Constitution of India, being aggrieved by the dismissal, by the Central Administrative Tribunal 1, of OA 3879/2016, filed by them. They were initially appointed as “leave substitute” Chowkidars in the Municipal Corporation of Delhi2. Subsequently, they were appointed as Daily Wagers, against 1 “the Tribunal” hereinafter 2 “MCD” hereinafter Signature Not Verified Digitally Signed By:AJIT KUMAR WP(C) 1818/2019 Page 1 of 13 Signing Date:28.05.2025 14:13:47 sanctioned posts. They seek regularization. Their claim, before the Tribunal, was predicated on the fact that other Chowkidars, who had also been initially appointed as leave substitutes and had been taken on daily wages on the same day as them, were being regularized. The Tribunal having dismissed their OA, the petitioners are before us. 2. The dates of engagement as leave substitutes, and subsequently as daily wage Chowkidars, of the petitioners, may be presented, in a tabular fashion, thus: S.No. Name Date of Date of appointment as appointment leave substitute as daily wager 1 Subhash Chandra 25 March 1999 7 March 2007 2 Pravin Kumar 11 December 1999 7 March 2007 3 Udham Singh 15 November 1999 7 March 2007 4 Shaukender Kumar 8 Apri