Dismissed

Sohan Pal v. Govt. of NCT of Delhi & Ors.

Delhi HC5 May 2017W.P.(C)/11456/2016

Case brief

AI extract

What is this about?

Petitioner challenged CAT's dismissal of his application seeking a fresh opportunity to clear a trade test for regularisation. Court dismissed petition noting petitioner failed tests despite two chances and approached Tribunal after 14-year delay with no vested right to repeat attempts. Petition dismissed.

What did the court decide?

Petitioner's prayer for another opportunity to take the trade test is rejected and the petition is dismissed.

Sohan Pal Vs Govt. of NCT of Delhi & Ors. — Pension and Retirement Benefits | Delhi HC (2017)

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$~1.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 11456/2016 SOHAN PAL ..... Petitioner

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Through: Mr. Rishi Jain, Advocate.

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versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Ankur Chhibber, Advocate for respondents No.1 & 2. Ms. Bharathi Raju, CGSC & Mr.Rohit Dandriyal, Advocate for respondent No.3/ UOI.

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CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE DEEPA SHARMA

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O R D E R 05.05.2017

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The petitioner assails the order dated 11.01.2016 passed by the Central Administrative Tribunal (CAT/ Tribunal) in O.A. No.3192/2014. The Tribunal has dismissed the said Original Application of the petitioner.

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The petitioner is working as a Pump Operator on Muster Roll in the Irrigation and Flood Control Department of the GNCTD. He joined as a Muster Roll employee on 16.11.1978. The respondents framed a policy for regularisation of services of Daily Wage staff. Under the said scheme, admittedly, the case of the petitioner was considered. While his seniors and juniors were regularised, he was not regularised on account of the fact that

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despite grant of two opportunities to clear the trade test, he failed to do so. According to the respondents, on one occasion, he came in an inebriated condition. Since the petitioner failed to clear the trade test, he was not regularised.

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The petitioner preferred the Original Application after a delay of 14 years from the date of regularisation of his contemporaries, who were regularised in the year 1997, by filing the Original Application in the year 2014. The petitioner desired, and repeats the said prayer before us as well that he be granted another opportunity to take the trade test. The Tribunal has dismissed the Original Application by holding that the respondents have not violated any provision of law or scheme of regularisation since the petitioner has been granted opportunities to clear the trade test but he has failed to do so and must, therefore, take the consequences.

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The petitioner has failed to pointed out any vested right in him to repeatedly take the trade test. He has had his opportunities which he had frittered away. Moreover, he approached the Tribunal with enormous delay of 14 years.

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In these circumstances, we find absolutely no merit in this petition. Dismissed.

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VIPIN SANGHI, J

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DEEPA SHARMA, J

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MAY 05, 2017 B.S. Rohella

Sohan Pal v. Govt. of NCT of Delhi & Ors.

Case brief

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Sohan Pal v. Govt. of NCT of Delhi & Ors.

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