NDMC vs KANHAIYA MANJHI AND ORS

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 6th November, 2025. Pronounced on : 19th November, 2025 + LPA 1125/2024, CM APPL. 67042/2024, CM APPL. 67043/2024, CM APPL. 13399/2025, CM APPL. 62568/2025 NDMC .....Appellant Through: Mr. Sanjeev Anand Sr. Adv. and Mr. Arun Birbal Adv. Versus KANHAIYA MANJHI AND ORS .....Respondents Through: Mr. Rakesh Munjal, Sr. Adv. with Mr Pardeep Kumar and Ms Sanskriti Advocates for R-14. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VIMAL KUMAR YADAV JUDGMENT DINESH MEHTA, J. 1. The present Letters Patent Appeal has been filed under Clause 10 of the Letters Patent against the impugned order dated 02.05.2024 passed by the learned Single Judge in W.P.(C) 12374/2021 titled Kanhaiya Manjhi and Ors. v. Govt. of NCT of Delhi and Ors. whereby the learned Single Judge had allowed the writ petition filed by the Petitioners- Kanhaiya Manjhi and Ors. and directed the Respondents- Govt. of NCT of Delhi and Ors. to absorb the Petitioners- Kanhaiya Manjhi and Ors. holding that they are entitled to be absorbed. 2. While allowing the writ petition, learned Single Judge has held that the Petitioner therein would be entitled to only 50% of the pay and perquisites while also holding that the interregnum would be counted for Signature Not Verified Digitally Signed LPA 1125/2024 Page 1 of 12 By:NAVEEN KUMAR Signing Date:20.11.2025 16:56:13 their pensionary and other statutory benefits. 3. Learned Senior Counsel appearing for the present Appellant-New Delhi Municipal Corporation (hereinafter referred as „NDMC‟), at the outset invited the Court‟s attention to Rule 46 and Rule 47 of the Delhi School Education Rules 1973 (hereinafter referred as the „DSER1973‟) and argued that Rule 47, which provides a right to the employees of a