CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI O.A. No. 4190/2024 Reserved on: 02.12.2025 Pronounced on: 08.01.2026 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S. Khati, Member (A)

1. Sanjay Kumar Aged About 56 Years, S/O Late Mathne Ram, R/O 3133, Gall No.4 Dharampura, Gandhi Nagar, Delhi 110031.

2. Jitender Kumar, Aged About 42 Years, S/O Sh. Jagbir Singh, R/O 1/41148, Ram Nagar Extension, Shahdara, Delhi-110032.

…Applicants (By Advocate: Mr. R. K. Shukla)

Versus

1. Municipal Corporation Of Delhi, Through Its Commissioner, Dr. Shyama Prasad Mukherjee, Civic Center, JLN Marg, New Delhi 110001.

2. The Additional Commissioner, Community Service Department 3rd Floor, Dr. Shayama Prasad Mukherjee, Civic Centre, JLN Marg, New Delhi 110001.

3. The Director, Community Service Department, 3rd Floor, Dr. Shayama Prasad Mukherjee, Civic Centre, JLN Marg, New Delhi 110001.

…Respondents (By Advocate: Ms. Anupama Bansal)

ANKIT ANKIT ORDER Hon’ble Mr. Manish Garg, Member (J) :

In the present Original Application, the applicants have prayed for the following reliefs:

“I. To quash and set aside the impugned order dated 19.06.2024, thereby directing the respondents to promote the applicant as sanitary guide in terms of the recruitment rules of DEMS dated 29.03.2023, or to create promotional avenues for the Safai Workers posted in CSD, directing the respondents to make an amendment in the recruitment rules of community workers, including the name of Safai Worker along with part-time workers, enabling them for their promotion as community workers.

II. To direct the respondents to implement the proposal of the Director, Local Body dated 16.01.2017 for framing/finalizing recruitment rules.

III. To direct the respondents to issue an administrative order/instruction for promotion of the applicants as community workers till the recruitment rules are framed or amended.

IV. To pass any other and further orders which this Hon’ble Tribunal deems fit and proper.”

2. Narrating the facts of the case, learned counsel for the applicants submitted as under:

2.1. The applicants were initially engaged as part-time daily wagers in the Municipal Corporation of Delhi and were permanently absorbed/regularized as Safai ANKIT ANKIT Karamcharis w.e.f. 01.06.2004 in the Community Service Department (CSD). Since their regularization, the applicants had been continuously working in CSD, and their designation was subsequently changed to Paryavaran Assistant. The applicants possessed 12th standard educational qualification and had acquired requisite experience of working as community workers, for which experience certificates had been issued by the competent authority.

2.2. Despite possessing requisite educational qualifications and long experience, the applicants had no promotional avenues in the CSD, whereas Safai Karamcharis working in other wings of MCD enjoyed defined promotional channels. Administrative instructions and proposals, including the office order dated 16.01.2017, had repeatedly emphasized the need for framing/amending Recruitment Rules, particularly after unification of MCD, yet no concrete steps were taken for CSD.

2.3. The applicants had earlier approached this Tribunal by filing O.A. No. 1934/2017 seeking creation of promotional ANKIT ANKIT avenues and promotion. The said O.A. was disposed of vide order dated 28.03.2023 directing the respondents to consider the cases of the applicants for promotion. The said order attained finality. However, instead of granting meaningful relief, the respondents rejected the claim of the applicants vide impugned order dated 19.06.2024, adopting a mechanical approach.

2.4. Learned counsel for the applicants contended that the respondents had selectively accommodated and promoted certain employees by transferring them to other departments such as DEMS, while denying similar consideration to the applicants. It was urged that such action amounted to arbitrariness, discrimination, and adoption of a pick-and-choose policy,