Ganga Shahi v. Delhi Jal Board and Anr

ORDER "h

23.07.2013 l. Abdul Wahid and Ganga Shahi have been litigating on the subject of regularizationof their services as Pump Operator/Pump Driver since long. undisputedly they were engaged as daily wagers' on a reference made to the industrial adjudicator under the Industrial Disputes Act, I 947 they succeeded in having an award in their favour which award was upheld by a leamed Single Judge of this Court but was set aside by a Division Bench when [,PA 68312003 filed by the predeccssor-in-interest of Delhi Jal Board was allowed. on February 07,2006. But five years W.P.(C) Nos.2l04113 & 1826l13 Page 1 of4 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. later the two raised the issue once again by approaching the Central Administrative 'fribunal seeking relief against Delhi Jal Board because with the constitution of the Board the work pertaining to supply of water in Delhi which was with the Municipal Corporation of Delhi was taken over by the Board.

¶2Dismissing the Original Applications filed by them vide impugned decision dated November 03, 2012 the Tribunal has held that thc claim was barred by res judicata. Needless to state the decision of the Division Bench in LPA No.683/2003 dated February 07, 2006 has been a heavily relied upon by the Tribunal'

¶3As per Ganga Shahi and Abdul Wahid a fresh cause of action accrued to them when they learnt that large number of daily wagers had been regularized as Pump Operators overlooking their clairn.

¶4Since we are dealing with daily wagers, we have considered the matter de-hors the decision of the Division Bench of this Court in I-pA No.680/2003 for the reason Ganga Shahi and Abdul Wahid claimed that at that stage they had no knowledge of other daily wagers being regularized.

¶5LJndisputedly the post of a Pump Operator/Pump Driver is a Group 'C' post and as per the notified Recruitment Rules, essential qualification is an Electric Diploma from an Industrial Training Institute. Admittedly till date Abdul Wahid does not possess any such diploma. Admittedly, Ganga Shahi had obtained one in the yeat 2006.

¶6Thus, reliance by the petitioners on various office orders pertaining to regularization of Group 'D' employees is of no use for them and it is of no use for us to note the said office orders because learned counsel Ganga Shahi and Abdul Wahid concedes that each office order on which they rely pertains to Group 'D' daily wagers and that Pump W.P.(C) Nos.2104/13 & 1826l13 Page2 of 4 Operators are in GrouP'C'.

¶7In the decision reported as (2006) 4 SCC I Secretary) State qf Karnataka Vs. (Jma Devi the Constitution Bench of the Supreme Court clearly held that ad-hoc, temporary or daily wage appointments which werc made contrary to the Rules would be illegal appointments conferring no right to be regularized.

¶8As regards the persons who were regularized in service and on account of which fact Ganga Shahi and Abdul Wahid litigate once again, the respondents have explained in the reply filed by them before 1' the'Iribunal to the Original Applications filed by Ganga Shahi and Abdul Wahid that 34 persons whose names have been mentioned in the list by the petitioners are not employed with the Delhi Jal Board and we find that particulars of said 34 names with reference to the serial number of the list relied upon by the petitioners have been disclosed in paragraph 6 of the reply filed to OA No.4 49212011 filed by Ganga Shahi. As regards others, save and except two persons who were regularized because of court orders, it has been explained that other daily wage Pump Operators were regularized because they possessed the necessary technical qualifications , und further as and when regular vacancies accrued. g. We note that on account of having acquired the technical qualification in the year 2006 Ganga Shahi would now become eligible to be regularrzed,the respondents inform us that his name has already been entered in a list of persons who would have to be regularized as and when vacancies accnre and assure the Court that when Ganga Shahi's name matures as per the list he would be made permanent.

¶10As regards Abdul Wahid, since hc does not possess the requisite qualification and noting that as per the existing Recruitment Rule a power to relax the Recruitment Rule does not exist, no relief can W.P.(C) Nos.2104l1 3 & l826ln be granted to him. 1 1. Dismissing the two writ petitions we take on record the assurance with respect to Ganga Shahi as per pata 9 above and as regards Abdul Wahid we would recommend to the Competent Authority to, as a one time exception, consider waiving the technical qualification for the reason, experience gained while performing a job may sometimes equal more than a technical qualification. Abdul Wahid has been working as a pump Operator for over two decades and he has successfully managed the job. Surely, he has learnt the nuances of the trade while working. ^ t2. No costs. JULY 23,2013 monta ---'-'-*-S}?Y PRADEEP NANbNX"IOG,I. I' I \l^il'ry'

V.KAMESWAR RAO, J. |- W.P.(C) Nos.2104l13 & 1826l13 Page 4 of4

$-r a * + IN THE HIGH COURT OF DELHI AT NEW DELHI w.P.(c) 2r04t2or3 GANGA SHAHI RePresented bY: .....Petitioner Mr.Medhanshu TriPathi, Advocate VETSUS t DI:LHI JAL BOARD & ANR' RePresented bY: w.P.(c) r826t20r3 ABDUL WAIIID RePrcsented bY: ..... ResPondents Mr.Nishakant PandeY, Advocate .....Petitioner Mr.Medh anshu TriPathi, Advocate VCTSUS DELHI JAL BOARD & ANR' ""' Respondents Representedby: Mr.NishakantPandey, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO