Writ petition dismissed. Court declined interference with CAT order permitting South Delhi Municipal Corporation to fill sanitation posts ad hoc despite pending seniority challenge, citing urgency of public health needs and balance of convenience.
Petitioner's writ petition dismissed; impugned order of CAT remained unaltered.
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KAMAL JEET SINGH LAMBA ..... Petitioner Through Ms. Rekha Palli, Sr. Advocate with Mr. V.K. Gandhi, Advocate.
versus
SOUTH DELHI MUNICIPAL CORPORATION & ORS..Respondent Through Mr. Nikhil Goel and Mr. Ashutosh Ghade, Advocates for R-1 to 4.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA
O R D E R
% 06.10.2016
We are not inclined to interfere with the impugned order dated
23rd August, 2016 passed by the Central Administrative Tribunal,
Principal Bench, New Delhi, in M.A. No.2386/2016, whereby the earlier interim order dated 12th February, 2016 granting status quo has been modified giving permission to Respondent No. 1-South Delhi Municipal Corporation to fill up the 10 vacant posts of Sanitation Superintendent on ad hoc basis, subject to the condition that one post will be kept vacant for the petitioner.
balance of convenience, for the Tribunal had noticed that as against the 12 sanctioned posts of Sanitation Superintendent, 11 were lying vacant and there was an urgent need to fill up the said posts in view of the present sanitation and hygiene situation in Delhi. We are aware
that a large number of persons are affected and suffering from viral fever, Chikungunya, and Dengue. The impugned order, therefore, in our opinion, does not require interference.
promotion if otherwise found eligible and within the zone of consideration as per the seniority list which is under challenge.
SANJIV KHANNA, J.
SUNITA GUPTA, J.
OCTOBER 06, 2016 NA
2 issues framed by the court
Whether the High Court should interfere with the Central Administrative Tribunal order allowing ad hoc filling of sanitation posts despite pending seniority disputes.
Whether the petitioner's claims of forgery in seniority lists justify quashing the impugned order.
Kamal Jeet Singh Lamba
South Delhi Municipal Corporation
Sanjiv Khanna
Sunita Gupta
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
