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Judgment
Hon’ble Mr. R.N. Singh, Member (J)
The applicants, 45 in number, have approached this Tribunal by way of the instant OA filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:
“(i)To quash and set aside the impugned Advertisement dated 07.09.2026/08.09.2026; and
(ii)To continue with the services of the Applicants in the respective posts without any further interview;
(iii)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.
(iv)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 Sharma Vs Govt. of NCT of Delhi & Ors.,
(v)accord all consequential benefits thereafter;
(vi)award cost of the proceedings;
(vii)pass any other order as deemed fit and proper in the facts and circumstances of the case and allow cost in favour of the Applicants.”
MA No. 4583/2026 has been filed by the applicants seeking permission to file the present OA jointly, on the ground that all the applicants are identically placed and have sought identical reliefs on common grounds.
Ms. Rashmi Chopra, learned Senior Counsel appearing for the applicants submits that the applicants in the present OA are identically placed as the applicants in OA No. 2303/2019 titled Ms. Kavita & Ors. Vs. Govt. of NCT of Delhi & Ors., OA No. 1339/2020 titled Nisha Vs. Govt. of NCT of Delhi & Ors. as well as OA No. 3288/2023 titled Sachin Sharma Vs. Govt. of NCT of Delhi & Ors.
Issue notice. Ms. Maheshwari, learned counsel who appears on behalf of the respondents on advance service, accepts notice.
For the reasons given therein in MA No. 4583/2026 (Supra) and keeping in view no objection from the learned counsel appearing for the respondents, the MA is allowed.
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.
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.
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:
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.
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.
The OA as well as the MA stand disposed of in the aforesaid terms. There shall be no order as to costs.