P.S. Jain vs New Delhi Municipal Council And Others

L. Narasimha Reddy, J

The applicant joined the service of New Delhi Municipal Council (for short, NDMC), on muster roll basis. It is stated that in 1959, he was made Shift incharge, and the DPC considered his case in the year 1987 for appointment/promotion as Assistant Executive Engineer. He retired from service in the year 2000. Recently, that is in the year 2017-2018, he made a representation, stating that on completion of ten years of service from 1987, he was entitled to be granted the benefit of financial upgradation. This OA is filed with a prayer to direct the respondents to extend the benefit of Time Bound Promotional Scale to the applicant.

We heard Shri Surinder Kumar Bhasin, learned counsel for the applicant at length at the stage of admission itself.

The relief claimed in this OA is the one for extension of Time Bound Promotional Scale. By its very nature, the extension of the benefit needs consideration by a Screening Committee to determine the eligibility. Notwithstanding the fact that the applicant made a representation more than 15 years after his retirement, the respondents informed him that he was not entitled to be extended any benefit since his appointment in 1987 was only on ad hoc basis. The applicant is not able to demonstrate that his appointment was on regular basis. The applicant did not raise any plea while he was in service.

Reliance is placed upon the judgment of Hon'ble Supreme Court in Union of India & Ors. vs. Tarsem Singh Civil Appeal No.5151-5152/2018 decided on 13.08.2008. That was a case in which there was no dispute as to the wrongful fixation of the emoluments. In the instant case, the question of consideration of the eligibility of the applicant for being extended, the Time Bound Promotional Scheme is involved. Further, the applicant is not able to demonstrate that his appointment was regular in nature.

We do not find any merit in the OA. It is accordingly dismissed.