Re-engagement was remitted for reconsideration upon medical fitness certificates and non-criminality affidavits.

The applicant, Ankit Kumar, had earlier been engaged as a Compassionate Ground Substitute Paryavaran Sahayak (Safai Karamchari) in Ward No. 231/23E of the erstwhile East Delhi Municipal Corporation.

He approached the Central Administrative Tribunal under Section 19 of the Administrative Tribunals Act, 1985, seeking his re-engagement and litigation costs.

During the hearing, the Municipal Corporation of Delhi expressed no objection to reconsidering his re-engagement on a daily-wage basis, subject to his furnishing a medical fitness certificate and an affidavit stating that he had not been involved in criminal activities during the period of his non-service.

The applicant agreed to comply with these requirements.

Whether the respondents should be directed to reconsider the applicant’s re-engagement on a daily-wage basis, subject to the furnishing of medical fitness and non-involvement affidavits.

Whether the Tribunal could direct re-engagement itself, or whether the matter should be left for reconsideration by the respondents in accordance with applicable rules and instructions.

The Tribunal exercised jurisdiction under Section 19 of the Administrative Tribunals Act, 1985.

The applicable principle was that the employer must reconsider the case for re-engagement in accordance with the applicable rules and instructions, after fulfillment of reasonable eligibility and verification requirements.

The Tribunal also applied the principle that, where the respondents agree to reconsider an employment claim and the applicant consents to such course, the Tribunal may issue a limited procedural direction without adjudicating the merits of the substantive claim.

No precedent or independent statutory rule governing compassionate engagement or daily-wage employment was cited or examined in the order.

Since the respondents expressed willingness to reconsider the applicant’s case and the applicant accepted the proposed conditions, the Tribunal found it appropriate to dispose of the application through a direction for reconsideration rather than determine the entitlement to re-engagement on merits.

The applicant was required to furnish the medical fitness certificate and affidavit concerning non-involvement in criminal activities within one week of receiving the certified order.

Thereafter, the respondents were directed to reconsider the case for daily-wage re-engagement under the applicable rules and instructions and to issue a reasoned decision within fifteen days.

The Tribunal expressly clarified that it had not examined or expressed any opinion on the merits of the applicant’s claim.

Upon receipt, the respondents were directed to reconsider his re-engagement on a daily-wage basis and pass a reasoned decision within fifteen days, in accordance with the applicable rules and instructions.

The Tribunal did not grant direct re-engagement and left the merits of the claim open.

The pending M.A., if any, was also disposed of, with no order as to costs.