Supreme Court of India

NORTH DELHI MUNICIPAL CORPORATIONversusHARLEEN KAUR & ORS.

Citation: 2019 INSC 1275
Decided: 22 November 2019
Disposal: Disposed off
Bench: D Y CHANDRACHUDHRISHIKESH ROY

Holding

The Supreme Court upheld the Tribunal's order of regularisation but limited the monetary benefits to be effective from the Tribunal's judgment date of 1 October 2015.

Summary

The North Delhi Municipal Corporation appealed against the Central Administrative Tribunal's order that regularised Harleen Kaur and others as Entomologists, granting them notional pay and continuity of service. The respondents had been appointed contractually after a public advertisement in 1997‑98, their contracts were extended, and in 2008 the posts were converted to regular Entomologist positions to combat dengue. The Tribunal, relying on State of Karnataka v. Umadevi, directed regularisation and monetary benefits effective from its judgment dated 1 October 2015. The High Court declined to interfere with the Tribunal's order. The Supreme Court upheld the Tribunal's decision on regularisation but modified the monetary benefits to be payable only from 1 October 2015, confirming entitlement to notional pay fixation and continuity of service. The appeal was consequently disposed of.

Issues considered

Whether the Supreme Court should interfere with the Tribunal's order directing regularisation of the respondents as Entomologists.
From which date the consequential monetary benefits should be granted – from 2008 or from the Tribunal's judgment date.

Subjects

Service LawRegularisationContractual appointmentNotional payContinuity of serviceMunicipal corporationEntomologistTribunalBackdated benefits

Judgment

896                       [2019]REPORTS
                SUPREME COURT   18 S.C.R. 896                  [2019] 18 S.C.R.


A                NORTH DELHI MUNICIPAL CORPORATION
                                           v.
                            HARLEEN KAUR & ORS.
                          (Civil Appeal No. 8974 of 2019)
B                              NOVEMBER 22, 2019
                [DR DHANANJAYA Y CHANDRACHUD AND
                        HRISHIKESH ROY, JJ.]
             Service Law – Regularisation – High Court furnished cogent
      reasons for declining to interfere with the order of the Tribunal
C
      directing the appellant to consider the cases of respondents for
      regularization as Entomologists – Insofar as consequential monetary
      benefits is concerned, same directed to be granted w.e.f. date of the
      judgment of the Tribunal – Respondents entitled to notional pay
      fixation and continuity of service.
D
              CIVIL APPELLATE JURISDICTION: Civil Appeal No.8974 of
      2019.
            From the Judgment and Order dated 20.11.2018 of the High Court
      of Delhi at New Delhi in W.P. (C) No.3692/2016.
E          Vikramjit Banerjee, ASG, Praveen Swarup, Suvesh Kumar,
      Chandra Pratap Singh, B.C. Santosh Kumar, Advs. for the Appellant.
              Satya Mitra Garg, M. K. Bhardwaj, Advs. for the Respondents.
              The following Order of the Court was passed:

F                                      ORDER
              1. Delay condoned.
              2. Leave granted.
             3. The High Court has furnished cogent reasons for declining to
      interfere with the order of the Tribunal directing the appellant to consider
G     the cases of the respondents for regularization as Entomologists.
            4. The respondents were appointed after public advertisement
      and were selected on the basis of interviews. They have been working
      since 1997-8. Though the appointment was contractual for a period of
      six months, it has been extended.
H
                                         896
            NORTH DELHI MUNICIPAL CORPORATION v.                                897
                   HARLEEN KAUR & ORS.

       Subsequently, on 14 July 2008, posts were created by conversion          A
of the existing posts of AMO, DMO, Entomologist and Asst.
Entomologist. The Tribunal noted that the respondents are working against
seven posts of Entomologists out of twelve sanctioned posts. The
respondents were engaged with a view to counter the outbreak of dengue,
a situation which continues to cause concern even at the present time.
                                                                                B
The Tribunal has duly considered the decision in State of Karnataka v
Umadevi 1.
       5. We are not inclined to entertain this appeal insofar as the grant
of regularization is concerned.
       6. However, insofar as consequential monetary benefits are               C
concerned, learned counsel appearing on behalf of the appellant submitted
that the Municipal Corporation should not be saddled with the obligation
of granting monetary benefits from 2008 as awarded by the High Court.
On this aspect, learned Counsel appearing on behalf of the respondents
has fairly left it to the discretion of this Court.
                                                                                D
      7. We, accordingly, order and direct that the grant of monetary
benefits shall be with effect from the date of the judgment of the Central
Administrative Tribunal i.e. with effect from 1 October 2015. However,
we clarify that the respondents would be entitled to notional pay fixation
and continuity of service.
                                                                                E
      8. Subject to the aforesaid modification, the appeal is disposed of.
Compliance shall be effected within a period of two months from the
date of receipt of a certified copy of this order.


Bibhuti Bhushan Bose                                      Appeal disposed of.   F




                                                                                G




1
    (2006) 4 SCC 1
                                                                                H

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