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Judgment
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)
The applicant has filed the present Original Application seeking the reliefs as set out in Paragraph A, B, C and D of the O.A:-
“ A. to quash and set-aside impugned order dated 29.08.2022 thereby directing the respondents to count part time services as community worker from 02.04.1983 to 19.07.1998 in respect of applicant No. 1 and from 11.01.1984 to 14.02.2002 for the purpose of pension and pensionary benefits as well as MACP benefits as has been given similarly placed persons in the case of Mrs. Krishan Kanta Sharma & Ors.
B. to direct the respondents to extend the benefits of judgment dated 17.01.2020, passed in Writ Petition (C) No. 11200/2017, titled as, "Mrs. Krishan Kanta Sharma and Ors. Vs. EDMC & Ors.", thereby financial up-gradation ACP/MACP, annual increment and other service consequential benefits be extended to applicants and thereafter it may be ordered to revise the pension and pensionery benefits like as gratuity and other benefits and arrears of pension and ACP/MACP may be order to be paid to the applicants.
Central Administrative TribunalC. to imposed the cost of proceedings against the respondents, D. to pass any other and further order which this Hon'ble Tribunal may deems, fit and proper under the facts and circumstances of the case, in the interest of justice.”
It is submitted that, pursuant to issuance of notice, the respondents filed their counter affidavit on 02.06.2023 and contested the claim of the applicant.
Learned counsel for the respondents submits that, during the pendency of the present proceedings, similar matters were pending before various forums, including the High Court. In the meantime, several such matters have been decided and the respondents have, thereafter, taken a conscious decision in respect of the claim in question.
Learned counsel for the respondents submits that, during the pendency of the present O.A., the respondents have taken a decision and issued a Circular dated 05.02.2024, the same reads as under:-
“Subject: Counting of 50% service rendered at the post of part-time Community Workers for the purpose of pensionary/ACP/MACP benefits.
Corporation vide its Resolution No. 80 dated 31.10.2023 has approved counting of the 50% service rendered at the post of part-time Community Workers for the purpose of pensionary/ACP/MACP benefits and the resolution of the corporation is as under:
"Resolved that proposal of the Commissioner as contained in his letter No. F.33/CSD/MCD/234/C&C dated 09.10.2023 regarding counting of 50% of service rendered by Community Workers (Part-time) as qualifying service for the purpose of pensionary benefits as well as ACP/MACP, is approved."
All the DDOs concerned of CSD department are hereby directed to Central Administrative Tribunalprocess the cases of employees after checking their eligibility thoroughly in respect of the Part-time Community Workers from their service book/personal file and other relevant service record.
This issues with the prior approval of Competent Authority.”
Whereby it has been decided to count 50% of the service rendered by part-time community workers for the purpose of pensionary benefits, ACP/MACP benefits and other consequential service benefits.
Learned counsel for the applicant submits that, although the original claim of the applicant was for counting 100% of the service so rendered, after obtaining instructions from the applicant, the applicant would be satisfied if 50% of the service is counted in terms of the Circular dated 05.02.2024 and all consequential benefits are extended accordingly.
Learned counsel for the respondents does not dispute the aforesaid submission and submits that the Circular dated 05.02.2024 has been issued by the competent authority and, once a conscious decision has been taken by the respondents, the same would necessarily be implemented in respect of all similarly situated persons.
Having regard to the aforesaid position, the dispute between the parties can appropriately be put to rest in terms of the Circular dated 05.02.2024.
Accordingly, the respondents are directed to consider and count 50% of the service rendered by the applicant as a part-time community worker, in terms of the Circular dated 05.02.2024, for the purpose of pensionary benefits, ACP/MACP benefits and all other consequential service benefits, as admissible under the applicable rules.
The respondents shall undertake the necessary exercise and extend/release all consequential benefits to the applicant within a period of six months from the date of receipt of a copy of this order.
The O.A. is disposed of in the above terms. Pending M.A.(s), if any, also stand disposed of. No order as to costs.