1. Pradeep Kumar, the applicant herein, as per the case set up by him in the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, was appointed as a Tabla Player/Attendant/Helper to the Music Teacher with respondent No. 5 on 1.10.1980. He claims to be a class IV employee. On 23.11.1990, the applicant joined with the respondent No. 6. It is his case that he is performing his duties during school hours right from first period till last period on full time basis regularly as a Tabla Player/Attendant to the Music Teacher. Government of NCT of Delhi, Directorate of Education is said to have issued circular No. DE/22/6/6/87/PFC/1815-1884 on 22.3.2000, by which the post of the applicant is duly covered. It is his further case that he has completed far more than three years service and is, therefore, entitled to be confirmed on full time permanent basis and to get entire service benefits. The first respondent is also said to have issued circular dated 27.2.2002 regarding non-conversion of temporary post into permanent post. The applicant made representation for his regularization on permanent post on 7.2.2001, and when the same brought no tangible result he filed OA No. 361/2002 in this Tribunal which was dismissed vide order dated 28.11.2002. It is the case of the applicant that the respondents misrepresented that the applicant was a Music Teacher whereas he is a class IV employee as per their own letters issued from time to time.
The application seeking review of the order dated 28.11.2002 passed by the Tribunal in the OA aforesaid was also dismissed on 20.12.2002.
Aggrieved, the applicant filed WP No. 2506/2003 in the Hon'ble High Court of Delhi followed by two CMs No. 2186/2007 and 10873/2007. The case of the applicant is that the writ in the High Court is still pending. The applicant served a legal notice dated 15.9.2007 upon the respondents thereby calling upon them to regularise him as class IV employee either on the post of Tabla Player/Attendant/ Helper to Music Teacher or any other post in the same cadre since the date of his appointment, i.e., 1.10.1980, with all service benefits, like gratuity, bonus, leave encashment, and provident fund, and when the same was not responded, he filed the present Application. The relief sought for in the present Application is to direct the respondents to regularise him on class IV post either as Tabla Player/Attendant/Helper to Music Teacher or any other post in the same cadre since the date of his appointment.
2. We have heard the learned Counsel representing the applicant and with his assistance examined the records of the case.
3. In the earlier OA of the applicant bearing No. 361/2002 which was dismissed on 28.11.2002, the applicant had sought the relief of regularization as Tabla Player and payment of salary of a regular employee in that capacity. The matter was contested and it was pleaded on behalf of the respondents that there was no post of Tabla Player in the office of respondents. The Tribunal returned a finding that once, there was no such post, indeed, the applicant could not seek regularization against a non-existent post. It was further observed by the Tribunal that the applicant had been appointed as a part-time Tabla Player though he felt shy of producing the appointment letter, and that he could not claim regularization even against a regular post because he had been appointed on contract basis. It was further observed that the only other post available was that of Music Teacher, and since the said post could be filled as per recruitment rules, a person could only be appointed in accordance with the same, and that the Tribunal would not direct any appointment de hors the rules. The application seeking review of the order passed by the Tribunal in OA No. 361/2002 was dismissed on 13.1.2003. In the writ petition filed by the applicant, the Delhi High Court passed interim order dated 23.5.2006 which reads as follows: The counsel for the respondents seeks further time to obtain instructions. The order dated 17th April, 2006 is also required to be brought to the notice of the Lieutenant Governor, NCT of Delhi.
The respondents are granted four weeks time from today to do the needful. This Court may also be apprised of the response of the Lieutenant Governor, Delhi. List on 8th August, 2006.
It appears to this Tribunal that the High court vide order dated 1.11.2006 disposed of the petition by recording the following order: Learned Counsel for the respondent submits that a proposal has already been sent to the respondents in terms of the orders passed by this Court on 14th September, 2006. Let the respondents take steps for appropriate sanctions and decision in the matter within two weeks.Petition stands disposed of.Liberty granted to the petitioner to approach the Court, in case honorarium of Rs. 1900/- is not sanctioned. Copy of the order be given dasti.
What transpires from the records of the case is that the applicant has already lost his cause in seeking regularization to the post of Tabla Player and payment of salary as admissible to a regular employee. His Application was dismissed and the Delhi High Court, at the most, held him entitled to honorarium of Rs. 1900/-. The plea raised by the applicant that the writ is still pending does not appear to be correct.
Be that as it may, if the applicant has lost his cause in a judicial forum, in our considered view, he cannot seek revival of his prayer.
The matter has attained finality. The prayer of the applicant to appoint him on any other post if he cannot be appointed on the post of Tabla Player/Attendant/Helper to Music Teacher cannot be allowed, as surely, as per his own showing, he is only a part-time Tabla Player.