Facts
The four applicants are Auxiliary Nurse Midwives (ANMs) working on a contractual basis for the Government of NCT of Delhi for approximately 15–18 years.
Source reference: p. 3-4They filed an Original Application (O.A.) seeking regularization of their services from the date of initial engagement, pay parity, arrears, and other service benefits.
Source reference: p. 3-4Although the Registry raised an objection that the O.A. was premature, the applicants limited their prayer during the hearing to the disposal of their pending representations.
Source reference: p. 3, 4Issues
1. Whether the Tribunal should direct the respondents to decide the pending representations submitted by the applicants regarding regularization and pay parity.
Source reference: p. 4, para 32. Whether the O.A. can be disposed of at the admission stage without a detailed hearing on merits due to the limited prayer of the applicants.
Source reference: p. 5, para 5Law Applied
Section 19 of the Administrative Tribunals Act, 1985, which governs the filing of applications for the redressal of grievances.
Source reference: p. 3, para 2The court acknowledged the legal principles regarding regularization and pay parity for long-term contractual employees as discussed in the Supreme Court precedent of Kumari Laxmi Saroj & Ors. v. State of U.P. & Ors. (Civil Appeal No. 9040 of 2022) and Articles 14, 16, and 39(d) of the Constitution of India.
Source reference: p. 3-4Reasoning
Since the applicants had already submitted representations to the respondents (Annexure A-1) which remained pending, the Tribunal found it appropriate to expedite the administrative remedy rather than adjudicating the substantive merits of the regularization claim at this stage.
Source reference: p. 4-5The Tribunal integrated the Registry’s objection regarding the "premature" nature of the suit by converting the proceedings into a direction for administrative disposal, thereby bypassing the need for a full-length trial while preserving the applicants' rights to consequential relief.
Source reference: p. 3, 5Holding
The Tribunal disposed of the O.A. at the admission stage without entering into the merits of the case.
It directed the respondents to consider and decide the applicants' pending representations by passing a reasoned and speaking order within 30 days of receiving the order, with consequential reliefs to be granted within 45 days if favorable.
Source reference: p. 5, para 5-6M.A. No. 2199/2026 for condonation of delay was also disposed of accordingly.
Source reference: p. 5, para 7Original Court PDF
MRS RITU TANWARvsGNCTD
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