CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A./414/2020 Order reserved on :10.12.2024 Order pronounced on :07.01.2025 Hon’ble Dr. Chhabilendra Roul, Member (A)

Shri Shailender Kumar Yadav, aged 42 years Son of Shri Ram Chandra Yadav Resident of B-3/384, Sector-6, Rohini, Behind BSAH, Delhi-110085 – Staff Nurse, Group-C ...Applicant (Through Ms.Kamlakshi S. Chauhan, Sr. Advocate with Shri P.K. Mishra, Advocate)

Versus

1. National Capital Territory of Delhi Through Chief Secretary, New Secretariat, Players Building ITO, New Delhi

2. Medical Superintendent Dr. Baba Sahab Ambedkar Hospital Bhagwan Mahabir Marg, Sector-6 Rohini, New Delhi-110085 ...Respondents (Through Shri Pradeep Kumar, Advocate)

ORDER Hon’ble Dr. Chhabilendra Roul, Member (A)

The instant OA has been filed by the applicants under Section 19 of the Administrative Tribunals Act 1985, seeking the following relief(s):-

“In view of above, it is, therefore most respectfully prayed that the Hon'ble Tribunal may kindly be pleased to direct the respondents to grant all kinds of leaves (EL, CL, ML, CCL, Maternity and Paternity Leaves etc.) and medical benefits to the applicants including medical health card and tuition fees in view of the findings set out by the Hon'ble High Court in their various decisions.”

2. The factual matrix of the case is that the applicant is working as contractual employee (Semi Skilled) with the respondents. He is contractual Staff Nurse/Nursing Officer working since 2007 without any break. Though the respondents have granted the applicant various leaves, however, they have not granted Study Leave and Child Care Leave and they have also not granted tuition fees, as it is admissible to the regular employees.

3. The learned counsel for the applicant while relying on the grounds mentioned in the OA, refers to the judgment of Hon’ble Delhi High Court in W.P.(C) No. 6798/2002 titled Sonia Gandhi & Ors. v. Govt. of NCT of Delhi & Ors. The operative para of the same is reproduced as under:-

“16. We take note of the decision dated May 22, 2009 in W.P.(C) No.8476/2009 as also the decision dated March 20, 2013 in W.P.(C) No.4641/2012 and direct that not only the writ petitioners in the above two writ petitions but additionally all contract appointed employees shall be paid wages by the Government of NCT of Delhi as per the decision of the Division Bench of this Court in W.P.(C) No.8476/2009 and shall be entitled to leave of all kind including maternity and sick leave in terms of the decision in W.P. (C) No.4641/2012.”

3.1 Learned counsel for applicant further submits that when the High Court has stated that the contractual employees will be granted all kind of leaves at par with the regular employees this automatically extends to Child Care Leave (CCL) and Study Leave.

3.2 At this stage, learned counsel for applicant states that she is not pressing for leave encashment as the applicant is still in service. However, she states that applying the principle of equity as it has already been held by the Hon’ble High Court in Sonia Gandhi (supra) case, the applicant is entitled for other benefits like CCL and Study Leave and tuition fee for his children.

3.3 Learned counsel for applicant further referred to circular dated 19.03.2021, (Annexure R-3) annexed to the counter reply wherein the respondents have granted various kind of leaves to all contractual employees in pursuance with the Sonia Gandhi (supra) judgment. However, they have excluded the present applicant stating that (in clause 4) “contractual employees are not entitled for any Leave encashment, Child Care Leave, Study Leave and Tuition fees.”

4. Learned counsel for the respondents vehemently opposes grant of reliefs in the present OA and submits that the applicant is contractual employee with the respondents who is getting the benefits of equal wage as the regular employees except grant of increment, LTC, Tuition Fees, Leave Encashment, Child Care Leave and Study Leave. He refers to the aforesaid