LMV Driver w.e.f. 22.2.1994, the applicant has cited the case of Shri Om Prakash Dabas. It is admitted position between the parties that the services of Shri Om Prakash Dabas were regularized as LMV Driver-cum-Fitter with effect from 22.2.1994 on the basis of the order dated 23.9.2010 passed by the Tribunal in T.A.No.5 of 2010 (New Delhi Municipal Council Vs. Om Prakash Dabas). It transpires from the order dated 23.9.2010, ibid, that Shri Om Prakash Dabas was taken on RMR as HMV Driver with effect from 5.2.1987. In compliance with the direction of the Hon'ble High Court of Delhi, his services were regularized as LMV Drivercum-Fitter with effect from 16.6.1997. Subsequently, he filed a civil suit for regularization of his services from 1994. The grievance of Shri Om Prakash Dabas was that despite his passing the trade test in the year 1994, the NDMC denied regularization of his services, whereas the services of his juniors were regularized in the year 1994. The learned Senior Civil Judge held that Shri Om Prakash Dabas was entitled to regularization of his services as LMV Driver from 1994, in which year he had passed the trade test. Accordingly, the civil suit filed by Shri Om Prakash Dabas was decreed by the learned Senior Civil Judge. The appeal, against the judgment and decree passed by the learned Senior Civil Judge, preferred by the NDMC was transferred to the Tribunal and registered as TA No.5 of 2010. Dismissing the T.A., the Tribunal, vide order dated 23.9.2010, held, inter alia, that there was no valid reason for the NDMC to have denied; regularization to Shri Om Prakash Dabas from the year 1994, as he had passed the prescribed trade test in the year 1994. Accordingly, in compliance with the judgment and decree passed by the learned Senior Civil Judge, as upheld by the Tribunal, the NDMC regularized the services of Shri Om Prakash Dabas as LMV Driver-cum-Fitter with effect from 22.2.1994. It is, thus, clear that the applicant is not similarly placed as Shri Om Prakash Dabas. The services of Shri Om Prakash Dabas were regularized as LMV Driver-cum-Fitter with effect from 22.2.1994, as he had passed the prescribed trade test in the year 1994, whereas the applicant passed the prescribed trade test only in the year 2008 and his services were regularized as LMV Driver with effect from 25.5.2008. It is pertinent to mention here that in compliance with the direction issued by the Hon'ble High Court of Delhi, the respondent-NDMC conducted the prescribed trade test for the applicant and others in the year 2008. The applicant appeared in the said trade test. As he passed the said trade test, the respondent-NDMC regularized his services in the post of LMV Driver-cum-Fitter with effect from 25.8.2008. In the above view of the matter, we do not find any merit in the claim of the applicant for regularization of his services with effect from 22.2.1994 when the services of Sh. Om Prakash Dabas were regularized as LMV Driver-cum-Fitter. The applicant has not
