Vikram Singh & Others vs Lady Reading Health School & Others

R.N. Singh, Member (J)

The applicants, 6 in number, have filed the present OA against the action of the Respondents in not confirming them to the relevant posts in spite of

the fact that they have been working for more than 25 years continuously and to the satisfaction of the authorities concerned. Learned counsel for the

applicants submits that though the applicants have been granted the benefits of Assured Career Promotion Scheme (ACPS) as and when the same

became admissible to the applicants, however, in spite of repeated representations from the applicants, the respondents have failed and neglected to

grant permanency to the services of the applicants and to confirm them on the respective posts.

The applicants have indicated the details of their appointment, grant of ACP and MACP benefits in para 4.2 of the OA. Learned counsel for the

applicants further invites our attention to a copy of the letter dated 19.11.2019 (Annexure A-28) whereby the respondent No. 1 has sought the

approval from Respondent No. 2 and therein also the respondent No.1 has justified the claim of the applicants.

The matter was last listed on 15.01.2021 when Shri Hilal Haider, learned counsel who appeared on advance service on behalf of respondents,

sought some time to take instructions, particularly about the status and decision of the respondents in the matter. Today, learned counsel for the

respondents submits that respondent No. 2 has made certain queries and has required the requisite information from respondent No. 1 and the matter

is still pending consideration of the respondents.

Learned counsel for the applicant submits that in identical situation, of course in respect of a higher position under the respondent No. 1, the

respondents have granted the benefits, however, the claim of the applicants herein has been kept pending for years together without any justified

ground. Learned counsel for the respondents seeks some time to enable the respondents to file reply affidavit.

However, in the facts and circumstances of the case, we are of the considered view that the present OA may be disposed of with direction to the

respondents to consider the applicants’ representations, keeping in view the recommendations of respondent No. 1, particularly in their letter dated

19.11.2019 (Annexure A-28) and other relevant grounds raised by the applicants in a time bound manner.

In view of the aforesaid, without going into the merits of the case of the applicants, the present OA is disposed of with a direction to the

respondents to consider the applicants’ pending representations and to dispose of the same by passing an appropriate reasoned and speaking order

as expeditiously as possible and in any case within 12 weeks from the receipt of a copy of this Order. Pending MAs also stand disposed of. No order

as to costs.