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Judgment
MA No. 4505/2026 (MA for joining together)
The present MA has been filed by the applicants seeking joining together in a single OA.
For the reasons explained therein, the MA is allowed.
OA No. 4074/2026
The present OA has been filed by the applicant seeking the following relief:-
(a)Directing the respondents to place the relevant records pertaining to the present O.A. before the Hon'ble Tribunal for the proper adjudication in the matter.
Central Administrative Tribunal(b) Quash and setting aside the actions of the respondents and impugned Advertisement dated 07.09.26/08.09.26; and allow the applicants to be engaged on service in their respective trade/posts without any further interview; after declaring the same as illegal, biased, perverse, unjust, arbitrary, malafide, unconstitutional, violative of articles 14, 16 & 21 of the constitution of India and against the settled
(c)To direct the respondents not to replace the service of the applicants by any other sources except by way of regular appointment and allowing the applicants to serve the Respondent Department till the regular appointment on the posts.
(d)Direct the Respondent Department to accept the applications of the Applicant only as a token of their willingness to continue as part-time instructors as in the case of OA No.2302/2019 titled Ms. Kavita & Ors. Vs. Govt, of NCT of Delhi & Ors., OA No.1339/2020 titled Nisha vs Govt, of NCT of Delhi & Ors., OA No. 3288/2023 titled Sachin Shanna Vs Govt, of NCTof Delhi & Ors.,
(e)Accord all consequential benefits with costs
(f)pass any other order as deemed fit and proper in the facts and circumstances of the case.”
Issue notice. Mr. HA Khan and Mr. Ritank Kumar, who appears on advance service accepts notice.
Learned counsel for the applicants submit that the issue involved in the present OA is identical to that in OA No. 3572/2026 and MA No. 4583/2026 which were disposed of with consent of the learned counsels for the parties vide order/judgment dated 21.09.2026. He has placed on record a copy of the said order/judgment after supplying a copy therof to the learned counsels for the respondents.
Learned counsel for the respondents states that the respondents will have no objection if such order is passed.
The OA No. 3572/2026 was disposed of with the consent of learned counsels for the parties with the following directions:-
"6.Learned counsel for the respondents, under instructions, submits that the respondents have not intended to replace the services of the applicants by another set of contractual employees. Rather, the respondents have sought their willingness to continue under the respondents as contractual employees, i.e. as Part-Time Instructors. She fairly submits that the applicants in the present OA are, in fact, identically placed as the applicants in the OAs referred to hereinabove.
5.Learned Senior Counsel appearing for the applicants, under instructions, submits that the applicants have already submitted their willingness to continue under the respondents. She submits that if the present OA is disposed of in terms of the directions contained in the aforementioned three OAs, the applicants would be satisfied. To such limited prayer, there is no objection from learned counsel appearing for the respondents.
6.In view of the aforesaid, and with the consent of learned counsel for the parties, the present OA is disposed of with the following directions:
(i)The applicants shall be accorded the same treatment as the applicants in the aforementioned three OAs, in light of the final adjudication in the aforesaid OAs.
(ii)The respondents shall not replace the applicants by another set of contractual employees so long as the applicants are willing to continue under the respondents, or till such time as they are required to be replaced by regularly appointed persons.
7.The OA as well as the MA stand disposed of in the aforesaid terms. There shall be no order as to costs."
Accordingly, the present OA stands disposed of in terms of the same order/judgment dated 21.09.2026 in OA No. 3572/2026 and MA No. 4583/2026, the operative portion of which has been reproduced hereinabove.
The OA stands disposed of in the aforesaid terms. There shall be no order as to costs.