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2025 Supreme(Online)(Del) 1256

IN THE HIGH COURT OF DELHI AT NEW DELHI
DEEN BANDHU GARG AND ORS. – Appellant
Versus
SOUTH DELHI MUNICIPAL CORPORATION AND ORS. – Respondent
W.P.(C)-11693/2019



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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 12 March 2025 Pronounced on : 16 April 2025 + W.P.(C) 11693/2019, CM APPL. 48068/2019, CM APPL.

3262/2021, CM APPL. 39848/2021 & CM APPL. 44788/2024 DEEN BANDHU GARG AND ORS. .....Petitioners Through: Mr. Naresh Kaushik, Sr. Adv.

with Mr. Shantanu Shukla, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS. .....Respondents Through: Ms. Shivangi Kumar, Mr. Gaurav Kumar Arya and Ms. Ismat Chughtai, Advs.

+ W.P.(C) 11694/2019 & CM APPL. 48071/2019 RISHI KAPOOR AND ORS. .....Petitioners Through: Mr. Naresh Kaushik, Sr. Adv.

with Mr. Shantanu Shukla, Adv.

versus EAST DELHI MUNICIPAL CORPORATION AND ORS. .....Respondents Through: Ms. Namrata Mukim, Standing Counsel for MCD with Ms. Niharika Singh, Adv.

+ W.P.(C) 11695/2019, CM APPL. 48074/2019 & CM APPL.

3416/2021 DINESH AND ANR. .....Petitioners Through: Mr. Naresh Kaushik, Sr. Adv.

Signature Not Verified W.P.(C) 11693/2019 and other connected matters Page 1 of 85 Digitally Signed By:A JIT with Mr. Shantanu Shukla, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION AND ORS. .....Respondents Through: Ms. Namrata Mukim, Standing Counsel for MCD with Ms. Niharika Singh, Adv.

+ W.P.(C) 7915/2023 SURESH CHAND SHARMA .....Petitioner Through: Mr. Naresh Kaushik, Sr. Adv.

with Mr. Shantanu Shukla, Adv.

versus MUNICIPAL CORPORATION OF DELHI AND ORS. .....Respondents Through: Ms. Sriparna Chatterjee, Standing Counsel with Mr. Ashwin Romy Chacko and Mr. Manish, Advs.

+ W.P.(C) 8501/2024 MUNICIPAL CORPORATION OF DELHI .....Petitioner Through: Ms. Sriparna Chatterjee, Standing Counsel with Mr. Ashwin Romy Chacko, Mr. Soumitra Chatterjee and Mr. Manish, Advs.

versus ANITA KUMARI AND ANR ....Respondents Through: Mr. R.V. Sinha, Ms Nidhi Singh and Ms. Shriya Sharma, Advs. for R-1 Mr. Naresh Kaushik, Sr. Adv. with Mr. Shantanu Shukla, Adv.

Signature Not Verified W.P.(C) 11693/2019 and other connected matters Page 2 of 85 Digitally Signed By:A JIT CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL % JUDGMENT

16.04.2025 C. HARI SHANKAR, J.

1. These writ petitions emanate out of five judgments passed by the Principal Bench of the Central Administrative Tribunal, [“the Tribunal” hereinafter], of which three have been rendered on 30 September 2019.

2. The specifics may be provided thus:

Writ Petition No. OA No. Date of impugned judgment
11693/2019 2482/2019 30 September 2019
11694/2019 2387/2019 30 September 2019
11695/2019 2483/2019 30 September 2019
7915/2023 3540/2019 13 March 2021
8501/2024 2525/2023 4 April 2024

3. WP (C) 11693/2019, WP (C) 11694/2019, WP (C) 11695/2019 and WP (C) 7915/2023 are preferred by the original applicants before the Tribunal, whereas WP (C) 8501/2024 is preferred by the Municipal Corporation of Delhi, [“MCD” hereinafter]

4. The issue in controversy in all these cases is the same. For the sake of convenience, the applicants before the Tribunal in all these Signature Not Verified W.P.(C) 11693/2019 and other connected matters Page 3 of 85 Digitally Signed By:A JIT cases would collectively be referred to hereinafter as “applicants”.

5. The applicants were all teachers who were appointed by the Municipal Corporation of Delhi/South Delhi Municipal Corporation/East Delhi Municipal Corporation/North Delhi Municipal Corporation on various dates between 2003 and 2008, following advertisements issued by the concerned Municipal Corporations and interview, against sanctioned posts. The appointments were, however, contractual in nature, continued from time to time by granting periodical extensions. All the applicants sought regularisation against the posts occupied by them, albeit on contract basis, and founded their claims on the long and uninterrupted service rendered by them. There is no doubt about the fact that the services rendered by the applicants were satisfactory and there has been no serious complaint against any of them regarding their performance at any point of time.

The impugned orders passed by

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