RSA 117/2016

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$~1 (Appellate)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

RSA 117/2016

UNION OF INDIA & ANR

..... Appellants

Through:

Mr. Vikrant N. Goyal, Adv.

versus

URMILA DEVI & ORS

.... Respondents

Through:

Ms. Santwana Agarwal with

Mr. Umesh Kumar, Advs. for Respondents 1

and 3

CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR

JUDGMENT (ORAL)

%

23.05.2022

1.

This second appeal under Section 100 of the Code of Civil

Procedure, 1908 (CPC) assails the judgement dated 20^th October,

2015, passed by the learned Additional District Judge (“the learned

ADJ”) in RCA 8/2015 (U.O.I & Ors v. Urmila Devi & Ors), whereby

the learned ADJ has affirmed the judgment/order dated 22^nd

December, 2012 passed by the learned Senior Civil Judge (“the

learned SCJ”) in Suit 967/06/99 (Urmila Devi and Ors. v. U.O.I &

Ors.).

2.

The respondents were registered with the Employment

Exchange, Delhi for appointment as “Safai Walas”.

2022:DHC:2032

RSA 117/2016

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3.

Consequent to release of 91 vacancies of Safai Walas by the

Army Headquarters vide letter dated 4^th May, 1995, an exercise for

recruitment of the said 91 Safai Walas was undertaken by the office of

Respondent 2. Even after the said recruitment exercise was

undertaken, 20 sanctioned posts of Safai Walas remained unfilled. On

16^th May, 1996, therefore, Respondent 2 addressed a communication

to the Army Headquarters, which has been reproduced in extenso in

para 11 of the impugned judgment dated 20^th October, 2015 of the

learned ADJ, and reads thus:

“Delhi Tele No. 3036082

Station Headquarters

Delhi Cantt-10

54/69/Civs .

16 May 96

UCA no.fl/15

Addl Dte Gen of Org/Org 4 (Civ)(b)

Adjutant General's Branch

Army Headquarters

DHQ PO New Delhi-110001

RECRUITMENT OF CONSY SAFAIWALAS

1.

It is submitted that 20 (Twenty) vacancies of consy

safaiwalas are available with this Headquarters after

carrying out the recruitment action of (71+20) vacancies of

consy safaiwalas released by your HQ vide your letter Nos.

15972/Stn/HQ/Rel/Org 4 (Civ) (b) dated 4 May 95 and

15972/Stn/HQ/Rel/Org 4 (Civ) (b) dated 4 May 95. These

vacancies have occurred due to non availability of

candidates with the Employment Exchange and retirement

etc.

2.

The shortfall of these consy staff adversely affecting

the hygiene and sanitation of the areas. You are therefore,

requested to release the vacancies immediately to make up

the deficiency.

3.

An early action is requested please.

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RSA 117/2016

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sd/-

(NB Thapa)

Major

DAA & QMG

for Stn Cdr”

4.

Consequent to the above, the appellants wrote to the

Employment Exchange, requiring them to recommend the names of

persons to be recruited as Safai Walas against the aforesaid 20 posts.

The Employment Exchange sent the names of the respondents, who

were issued Call Letters on 12^th February, 1996 by the appellants,

requiring them to appear for interview on 17^th February, 1996.

Consequent to the said interview, in which the respondents the

respondents were apparently successful, letters dated 4^th April, 1997

were addressed by the appellants to the respondents, offering them the

posts of Safai Walas. Thereafter, the respondents were subjected to

medical examination and were found fit for appointment as Safai

Walas, and necessary Certificates of Health under Section 49 of the

Civil Service Regulations were issued to them.

5. Despite this, the respondents were not appointed as Safai Walas

and, instead, the appellants wrote to the Employment Exchange,

calling for fresh names.

6.

Aggrieved thereby, the respondents filed Suit 967/06/99, from

which the present proceedings emanate. The respondents sought, in

the suit, a decree of permanent injunction, restraining the appellants

from appointing persons other than the respondents as Safai Walas and

for a decree of mandatory injunction, directing the appe