MANISH TIWARI & ORS. vs AMIT YADAV,CHAIRPERSON,NDMC & ANR.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 114/2024
MANISH TIWARI & ORS. ….. Petitioners
Through: Mr. Vijay Mishra, Advocate (M:9136346788)
versus

AMIT YADAV,CHAIRPERSON,NDMC & ANR…… Respondents
Through: Ms. Nirvika Verma, Advocate for R-1/NDMC (M:8799786887)
Mr. Tushar Sannu, Mr. Satyam, Mr. Sahaj Karan Singh, Advocates for R-2/NSES (M:9911991166)
% Date of Decision: 10th May, 2024

CORAM:
HON’BLE MS. JUSTICE MINI PUSHKARNA
J U D G M E N T
MINI PUSHKARNA, J: (ORAL)
1. The present petition has been filed alleging willful disobedience of the order dated 24th July, 2023 passed in W.P.(C) 12030/2018.
2. Learned counsel for petitioners submits that despite specific directions, as passed in the aforesaid order, no steps have been taken by the respondents for regularization of the services of the petitioners.
3. Per contra, learned counsel for respondents has drawn the attention of this Court to the Speaking Order dated 05th December, 2023, which has been passed pursuant to the directions passed in the aforesaid order. He further submits that a decision has already been taken for the purposes of appointment of petitioners on compassionate basis in a regularized manner. He further submits that process in this regard has already commenced and that the petitioners have already deposited their requisite documents with the respondents. He submits that some time may be granted to the respondents, as the process for the purposes of regularization of the petitioners, will take some time.
4. At this stage, learned counsel for the petitioners raises concerns with respect to appointment of petitioners and submits that the contractual appointment of the petitioners, has already come to an end on 01st April, 2024.
5. Responding to the aforesaid, Mr. Tushar Sannu, Advocate submits that Speaking Order dated 05th December, 2023 already stipulates to the effect that the petitioners will continue to work as contractual employees in the Navyug School Educational Society, till the process of their compassionate appointment, is completed.
6. Having heard learned counsels for the parties, this Court notes that by order dated 24th July, 2023 passed in W.P.(C) 12030/2018, the only direction passed by the Coordinate Bench was to treat the petition of the petitioners as representation and the respondents were directed to pass a detailed and reasoned order with respect thereto.
7. Relevant portion of the order dated 24th July, 2023 passed in W.P.(C) 12030/2018, reads as under:
“xxx xxx xxx
6. The petitioner is directed to file a detailed representation/application along with the copy of the instant petition including the pleadings of the petition as well as the certified copy of this order before the Chairman, New Delhi Municipal Council within two weeks from today and after receiving the detailed representation/application, the Chairman, New Delhi Municipal Council is directed to dispose of the detailed representation/application keeping in the mind the contents of the petition as well as of the counter affidavit filed on behalf of the respondents after giving personal hearing to the petitioners, if required and pass a detailed and reasoned order in accordance with law expeditiously, preferably within eight weeks.

xxx xxx xxx”

8. Pursuant to the aforesaid order, the respondents have considered the case of the petitioners, which has culminated in a Speaking Order dated 05th December, 2023, relevant portion of which, reads as under:
“xxx xxx xxx
16. After due deliberation and discussion, the BoG has approved that “Compassionate appointment cases of Navyug School Educational Society (NSES) may be considered as per the extant compassionate appointment Policy/instructions issued by Department of Personnel and Training, Govt. of India.”

17. Accordingly, all the matters of compassionate appointment pending in Navyug School Educational Society (NSES), the cases including those of the petitioners, will be considered and decided in a maximum time period of 2 months by following the due procedure. The Petitioners will continue to work as contractual employees in NSES till then.
xxx xxx xxx”

9. Reading of the aforesaid order clearly shows that the respondents have already taken a policy decision that the case for compassionate appointment of the petitioners to the Navyug School Educational Society shall be considered and decided expeditiously by the respondents.
10. This Court also takes note of the order dated 29th February, 2024 passed in the present proceedings, wherein it has been recorded as follows:
“xxx xxx xxx
6. Learned counsel appearing for the respondent points out that the speaking order dated 05th December, 2023 has already been passed in compliance of the order dated 24th July, 2023. He further submits that the process for filling up the posts on compassionate appointments in Navyug Schools has already been initiated.

7. He submits that the petitioners herein were issued a letter seeking to provide certain documents and to fill the format for the purposes of compassionate appointments. However, the petitioners have not been cooperating with the respondent.

8. In view of the aforesaid, it is directed that the petitioners shall cooperate with the respondents and provide all the requisite information and documents to the respondents. Further, the format which is to be filled for the purposes of compassionate appointments and other formalities which were required to be fulfilled, shall be complied by the petitioners.

9. Needless to state, the respondents shall expeditiously process the cases of the petitioners for compassionate appointments.

xxx xxx xxx”

11. This court also takes note of the submissions made by learned counsel for the respondents that the documents, for the purposes of compassionate appointment of the petitioners, have already been requisitioned and which have already been submitted by the petitioners with the respondents on 02nd March, 2024.
12. Thus, considering the aforesaid facts and circumstances, this Court is of the considered view that the order dated 24th July, 2023, passed by the Coordinate Bench of this Court, is being complied with, by the respondents in its true letter and spirit.
13. This Court also records the undertaking made by learned counsel for the respondents, on instructions, that the process of compassionate appointment of the petitioners shall be completed expeditiously. However, he submits that time of at least four months be granted from today, as considering the various formalities, the said process may take some time.
14. Accordingly, it is directed that the respondents shall complete the process of compassionate appointment of the petitioners expeditiously, preferably, within a period of four months from today.
15. With the aforesaid directions, the present petition is disposed of.
16. However, liberty is granted to the petitioners to revive the present petition, in case of any non-compliance by the respondents.

MINI PUSHKARNA, J
MAY 10, 2024
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