Dilip Kumar vs New Delhi Municipal Council

L. Narasimha Reddy, J

The applicant states that he was appointed as Safai Karamchari in New Delhi Municipal Council in the year 1999, and ever since then, he is working on muster roll basis. It is stated that the respondent has taken up the scheme of regularization of muster roll employees in the year 2007-08, but his case was not considered. He alleged that one Mr. S.K. Bhardwaj, Sanitary Inspector, has submitted a wrong report, and that constituted basis for denial of benefit to him.

The respondents filed a detailed counter affidavit. An objection is raised as to the limitation, stating that selection process took place in the year 2007, whereas the O.A. was filed in the year 2015. On merits, it is stated that the case of the applicant was not considered because of discrepancies on important aspects, such as date of birth, number of working days. It is also stated that, as of now, there is no scheme for regularization of muster roll employees.

We heard Ms. Nisha Hans, learned counsel for the applicant. There is no representation for the respondents.

It is true that the applicant was working as muster roll employee in the respondent Council for quite a long time. The record also discloses that the respondent has taken up the steps for regularization for the employee working on muster roll basis. However, it is stated that in the year 2008, the particulars furnished by the applicant as regards the date of birth etc. were found to be not correct. There is also discrepancy as to the number of working days.

Learned counsel for the applicant is not able to demonstrate that the plea raised by the respondents is not correct. At any rate, the scheme is not in force, as of now. We find it difficult to grant any relief, when the various facts mentioned by the respondents in the counter affidavit, are not controverted or proved to be otherwise.

We do not find any merit in the O.A. and, accordingly, the same is dismissed. There shall be no order as to costs.