Central Administrative Tribunal Delhi Anita Kumari vs Municipal Corporation Of Delhi on 4 April, 2024 1 O.A. No. 2525/2023 CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 2525/2023 Order Reserved on: 12.02.2024 Order Pronounced on: 04.04.2024 Hon'ble Mr. Tarun Shridhar, Member (A) Hon'ble Mrs. Pratima K. Gupta, Member (J) Anita Kumari, Age 54 years, W/o Shri R.N. Singh, R/o DAYA KUTIR, Plot No.107109, Khasra No.150, Rajpur Khurd Extension Colony, South Delhi110068 [Working as Teacher (Primary)] MC Primary School, Rajpur Khurd, New Delhi110068 Applicant (By Advocates: Mr. RV Sinha with Ms. Nidhi Singh) VERSUS 1. Municipal Corporation of Delhi, Dr. SPM Civic Centre, JL Nehru Marg, New Delhi110002 (Through: its Commissioner) 2. Director Local Bodies, Govt. of NCT of Delhi, Urban Development Department, Govt. of NCT of Delhi, 9th & 10th level, Delhi Secretariat, IP Estate, Delhi110002 (By Advocates: Ms. Sriparna Chatterjee and Mr. Amit Yadav) 2 O.A. No. 2525/2023 ORDER Hon'ble Mr. Tarun Shridhar, Member (A): The applicant is engaged as a Teacher (Primary) in the Municipal Corporation of Delhi on contract basis. Her grievance is that despite the regular nature of her engagement, artificial and intermittent breaks are being given just to deny her the benefit of regularisation. She claims that this act of the respondents is not only arbitrary and discriminatory but it is also in violation of the provisions of the Constitution of India, specifically, Article 14, 16 and 21. By virtue of the present OA, she seeks the following reliefs: "(a) that the continued engagement of the applicant as Teacher (Primary) on contract basis with intermittent breaks and nonpayment of pay and allowances and other service benefits by the respondents at par with a regular employee against the post of Teacher (Primary) under the Respondent No. 1 is arbitrary, discriminatory, perse illegal and violative of Articles 14, 16 and 21 of the Constitution of India, besides being result of unfair service/labour practice adopted by the respondents; (b) holding that the claimed contract by and between applicant and respondents is sham, unconscionable and violative of Articles 14 & 16 of the Constitution of India and therefore nullity in the eyes of law i.e., nonest in the eyes of law; (c) commanding the respondents to regularise the applicant from the initial date of appointment as Teacher (Primary) from 11.09.2003 in a time bound manner; (d) commanding the respondents to pay to the applicant consequential benefits as a result of prayer No. (c) above i.e., fixation of pay, grant of annual increment(s), promotion/benefits under ACP/MACP scheme, difference of salary, leave encashment, medical benefits, gratuity, service benefits, counting of service for the pension and other benefits, as available to a regular Teacher (Primary) under the Respondent No. 1; 3 O.A. No. 2525/2023 (e) award cost of this application and proceedings against the Respondents and in favour of the applicant. (f) may also pass further order(s) as be deemed just and proper to meet the ends of justice." 2. The applicant had also sought for urgent consideration of the prayer for interim relief set forth in Para 9 of the OA which reads as under: "Pending adjudication of the OA finally, it is most respectfully prayed that this Hon'ble Tribunal be graciously pleased to restrain the respondents from terminating the services of the applicant and direct the respondents to continue the applicant's services without any break. It is submitted that the applicant has a good prima facie case in her favour, balance of convenience is in her favour and no irreparable loss would be caused to the respondents in as much as the applicant is continuing against the sanctioned post and there is requirement of the applicant and/or similarly placed teacher on such post with the respondents." 3. Vide order dated 22.08.2023, the respondents were restrained from either terminating the services of the applicant or giving any break in service till the next date of hearing. When this matter came up for hearing again on 25.08.2023, the following order was made: "