Item No. 52 (C-4) O.A No. 1182/2022 CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 1182/2022 Reserved on : 16.12.2025 Pronounced on : 07.01.2026 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Deepak Shukla, Aged-30 Years, ‘C’

S/o Sh. Ravinder Kumar Shukla, Dis-engaged Part Time Computer Teacher, In Govt. Lady Noyce Senior Secondary School For the Deaf, Department of Social Welfare, Delhi Gate, Delhi-2 R/o. H. No 23, Gali No. 1, D-Block, Shastri Park, Burari, Nathupura Delhi-110084 ....Applicant (By Advocate : Mr. Yogesh Sharma)

Versus

1. Govt. of NCT of Delhi Through the Chief Secretary, Govt. of NCT of Delhi, New Sectt.

Near ITO, New Delhi. 110002

2. The Director, Directorate of Social Welfare, Govt. of NCT of Delhi, GLNS Complex, Delhi Gate, New Delhi. 110003

3. The Principal, Govt. Lady Noyce Senior Secondary School for the Deaf, Department of Social Welfare, Delhi Gate, Delhi-2 ....Respondents [By Advocate : Mr. Tanmay Vashisth and Mr. Rahul Kumar (Pairvi Officer)]

ORDER Hon'ble Dr. Sumeet Jerath, Member (A):

This is the third round of litigation. The instant OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-

"8 (i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dt. 10.12.2021 (Annex.A/1), declaring to the effect that the same is totally illegal, arbitrary and against the law of the land and consequently, pass an order directing the respondents to allow the applicant to work in the department to the post of Compute Teacher till work is available and the service of the applicant may not be replaced by another fresh contract employee from out sources or from any NGO.

(ii) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to consider the case of the applicant for his re-engagement in any other school of Department of Social welfare where work/post of computer teacher is available in preference to freshers.

(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation."

2. The factual matrix of the case as per the counsel of the applicant is that pursuant to the invitation of the respondents for appointment to the post of Part-time Computer Teacher on temporary basis on a consolidated pay of Rs.6000/-, the applicant applied for the said post and was selected after following due process of selection. Although the initial appointment of the applicant was for a period of six months w.e.f. 08.11.2012 to 08.06.2013 only however, the same was on contractual basis only. Counsel for the applicant pointed out that though the applicant was labelled as a Part Time employee however, he was given time table for the whole day of 8 periods at par with a regular employee and he carried out his duties with sincerity and dedication. He added that the applicant learnt about an order dated 19.11.2011 vide which new posts including the post of computer teachers were created. He also learnt that similarly situated teachers were granted scale at par with a regular employee (i.e., pay band + grade pay + DA) instead of fixed amount. He argued that vide order dated 03.10.2013 the respondents granted minimum of pay + Grade pay + DA to all the staff including those who were appointed on contract basis on fixed emolument excluding the applicant. Aggrieved, the applicant approached the Tribunal vide OA No. 3727/2015 seeking pay and allowances as per the formula prescribed vide order dated 20.07.2010 of the Finance Department from the date of his appointment and to treat him as a full time computer teacher. The said OA was disposed of on 30.05.2019 with the following directions :-

“13. In the aforesaid facts and circumstances, the O.A. is disposed of with liberty to the applicant to make comprehensive representation within two weeks from the date of receipt of a certified cop