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2013 Supreme(Del) 768

PRADEEP NANDRAJOG, V.KAMESWAR RAO
Om Prakash – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocate Appeared:
For the Petitioners:Anand Nandan, Advocate. For the Respondents:Ms. Mini Pushkarna, Standing Counsel, NDMC, R1 & R2, Sana Ansari, for Ms. Zubeda Begum, R3, Shantanu Tyagi, R4, R.N. Singh, A.S. Singh, R5, Kumar Rajesh Singh, Advocates.

Judgment :-

Pradeep Nandrajog, J.

1. Deciding a batch of the transfer applications which were filed as writ petitions in this Court but were re-registered as transfer applications upon a notification being issued requiring service disputes between employees of the Municipal Corporation of Delhi and the Corporation to be decided by the Central Administrative Tribunal, the Tribunal took a view that though right to employment is not a fundamental right but in matters pertaining to employment under the State and the statutory authorities constituted under Acts of Parliament an element of fairness must permeate the employment. The issue before the Tribunal was a claim by the seasonally appointed Domestic Breeding Checkers seeking creation of 3500 permanent posts and permanently appointed against the said posts.

2. It appears that the Standing Committee of the Corporation and the Corporation was in favour of converting the seasonal posts into permanent posts but the Commissioner of the Corporation was not in favour thereof in view of the fact that the work of Domestic Breeding Checkers was available only for 7 months in a year, when mosquitoes breed.

3. Vide decision dated December 23, 20






















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