CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH

NEW DELHI

OA NO.2168/2011

with

OA No.2486/2013

OA No.3538/2012

Reserved on: 28.04.2016

Pronounced on: 15.07.2016

HON’BLE SHRI JUSTICE PERMOD KOHLI, CHAIRMAN

HON’BLE SHRI V. AJAY KUMAR, MEMBER (J)

HON’BLE DR. BIRENDRA KUMAR SINHA, MEMBER (A)

OA No.2168/2011

1. Kamal Kishore S/o Yad Ram,

R/o WZ-1002, Gali No.16,

Sadh Nagar, Palam, New Delhi.

2. Ms. Sarita Devi W/o Kamal Kishore,

R/o WZ-1002, Gali No.16,

Sadh Nagar, Palam, New Delhi.

3. Bhim Singh S/o Daulat Ram,

R/o 11/106, Najafgarh Road,

Bahadurgarh, Delhi.

4. Raj Kumar S/o Sunder Lal Yadav,

R/o B-2/58, 2^nd Floor, Sector-16, Rohini,

Delhi-110089.

5. Shiv Ram Meena S/o Ramji Lal,

R/o RZ- 20A, 211/212, Gali No.2,

West Sagarpur, New Delhi.

6. Balvinder Singh S/o Bur Singh,

R/o C-57A, Chanakya Place,

Part-1, New Delhi-110059.

7. Dharam Raj Meena

R/o H/No.31A, D-Block,

Kutub Vihar, Phase-1,

New Delhi.

… Applicants

2

OA-2168/2011

Versus

1. Government of NCT of Delhi through

Chief Secretary, New Secretriat,

IP Estate, New Delhi.

2. Commissioner,

Municipal Corporation Delhi,

Town Hall, Chandni Chowk,

Delhi.

3. Director,

Education Department,

Municipal Corporation of Delhi,

Nigam Bhawan, Kashmere Gate,

Delhi.

4. Director,

Directorate of Education,

Old Secretariat, Delhi.

… Respondents

OA No.2486/2013

Taranjeet Kaur,

TGT, Social Science,

SKV No.3, Mandawali.

New Delhi.

… Applicant

Versus

1. Government of NCT, Delhi

through the Chief Secretary,

at New Secretariat, I.T.O.,

New Delhi.

2. Director of Education,

Government of NCT, Delhi,

Establishment-III Branch,

at Old Secretariat, Delhi.

3. South Delhi Municipal Corporation

Through the Commissioner at

Civic Centre, S.P. Marg,

New Delhi.

… Respondents

3

OA-2168/2011

OA No.3538/2012

1. Yogesh, TGT Hindi,

Govt. Boys Secondary School,

Phase-I, Nangloi, Delhi-41.

2. Nirma Rani, TGT Math,

B.N.N.G. Sarvodaya Kanya Vidyalaya,

Khera Kalan, Delhi.

… Applicants

Versus

1. Government of NCT, Delhi

through the Chief Secretary,

New Secretariat, ITO, Delhi.

2. Director of Education,

Government of NCT, Delhi,

Establishment-III Branch,

Old Secretariat, Delhi.

3. North Delhi Municipal Corporation

through the Commissioner,

Civic Centre, S.P. Marg, New Delhi.

4. South Delhi Municipal Corporation

through the Commissioner,

Civic Centre, S.P. Marg, New Delhi.

… Respondents

By Advocates:

Shri Rajnit Sharma, for Applicants in all the OAs.

Shri Vijay Kumar Pandita for Government of NCT

of Delhi in all the OAs; Shri R. K. Jain for Shri Arun

Bhardwaj, Adv., for MCD in OA Nos.2168/2011

& 3538/2012; Ms. Anupama Bansal for MCD in

OA No.2486/2013.

O R D E R

Shri Justice Permod Kohli, Chairman

This Full Bench has been constituted pursuant to reference

made by a Division Bench of the Central Administrative Tribunal

4

OA-2168/2011

comprising Hon’ble Mr. G. George Paracken, Member (J) and

Hon’ble Mr. Shekhar Aggarwal, Member (A) vide order dated

29.10.2014, passed in OA No. 2168/2011 and connected OA Nos.

3538/2012, and 3542/2012. Although no specific question has been

formulated to be answered by the larger Bench, however, the

Hon’ble Division Bench disagreed with the findings recorded by a

Division Bench of the Tribunal in OA No. 1657/2006- Ram Kumar

Tyagi and others v GNCTD and others, in view of the dictum of the

judgment of the Hon’ble Apex Court in case of R.L. Bansal and others

Vs Union of India and others [1992 (Supp2) SCC 318] and A. K.

Bhatnagar v Union of India [(1991) 1 SCC 54]. The relevant part of

the order of reference reads as under:

“As held by the Apex Court in its judgment in the

case of R.L. Bansal and others Vs Union of India and

others, 1992 (Supp2) SCC 318, “Rules made under the

proviso to Article 309 of the Constitution being legislative

in character cannot be struck down merely because the

Court thinks that they are unreasonable, and th