Facts
The 20 applicants were working as contractual Primary Teachers—Hindi or Urdu—with the Municipal Corporation of Delhi (MCD), having been appointed between 2008 and 2013.
Source reference: para. 1They claimed to have served for approximately 10–15 years against sanctioned posts after undergoing the prescribed selection process, but their services had not been regularised.
Source reference: para. 1Relying on their appointment letters and earlier Tribunal orders, including the order in O.A. No. 3760/2025 dated 26 September 2025, the applicants submitted representations dated 1 April 2026 and reminders dated 6 April 2026 seeking regularisation.
Source reference: para. 1The representations remained undecided.
Source reference: paras. 1–2During the hearing, the applicants sought protection against termination and maintenance of status quo, while the respondents opposed interim relief and stated that the applicants’ contractual engagements had been extended up to 31 March 2026.
Source reference: paras. 4–6Issues
Whether the respondents should be directed to consider and decide the applicants’ pending representations seeking regularisation by passing a reasoned and speaking order within a stipulated period.
Source reference: paras. 2, 7–9Whether the applicants were entitled to interim protection against discontinuation of their services during the pendency of the proceedings.
Source reference: paras. 4–6Law Applied
The Tribunal applied the administrative-law requirement that representations affecting the employment rights of public servants must be considered and decided by the competent authority through a reasoned and speaking order.
Source reference: para. 9It also applied the principle that, at the admission stage, relief may be confined to consideration of a pending representation where the applicants consent to such limited relief and the respondents have no objection.
Source reference: paras. 7–9No statutory provision or judicial precedent concerning regularisation was finally adjudicated or relied upon; the Tribunal expressly stated that it had not examined or expressed any opinion on the merits of the regularisation claim.
Source reference: para. 10Reasoning
The Tribunal noted that the applicants had placed their appointment letters and asserted long contractual service against sanctioned posts, but their representations for regularisation had not been decided.
Source reference: para. 1–2Since the applicants agreed to have the representations considered and the respondents did not oppose issuance of such a direction, the Tribunal considered it appropriate to dispose of the O.A. without determining whether the applicants were legally entitled to regularisation.
Source reference: paras. 7–9The request for interim protection was not independently granted on merits; instead, the Tribunal directed that the applicants’ services should not be dispensed with until the stipulated period specified in the order, while leaving all substantive questions open.
Source reference: paras. 4–6, 9–10Holding
The O.A. was disposed of at the admission stage.
The respondents were directed to decide the applicants’ pending representations, annexed as Annexure A-5 (Colly.), by passing a reasoned and speaking order within eight weeks from the date of receipt of the certified copy of the order.
Source reference: para. 9The applicants’ services were directed not to be dispensed with until the extended period ending 31 March 2027.
Source reference: para. 9The Tribunal clarified that it had expressed no opinion on the merits of the applicants’ claim for regularisation.
Source reference: para. 10The pending miscellaneous application was also disposed of, with no order as to costs.
Source reference: paras. 10–11Original Court PDF
UMAvsMUNICIPAL CORPORATION OF DELHI (GNCTD)
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