Manish Tiwari & Ors vs Amit Yadav, Chairperson, Ndmc & Anr on 20 August, 2025

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Delhi High Court – Orders

Manish Tiwari & Ors vs Amit Yadav, Chairperson, Ndmc & Anr on 20 August, 2025

Author: Amit Sharma

Bench: Amit Sharma

                          $~88
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CONT.CAS(C) 114/2024 & CM APPL. 21105/2025
                                    MANISH TIWARI & ORS.                     .....Petitioners

                                                                  Through:            Mr. Vijay Mishra, Advocate.

                                                 versus
                                    AMIT YADAV, CHAIRPERSON, NDMC & ANR. .....Respondents
                                                 Through: Mr. Nirvikar, ASC for NDMC/R-1.
                                                            Mr. Chetan Sharma, ASG with Mr.
                                                            Tushar Sannu, ASC, Mr. Vikrmaditya
                                                            Singh & Mr. Parvin Bansal,Advocates
                                                            alongwith Ms. Anju Randhawa,
                                                            JD/NSES and Mr. Vikash Mathur, AO
                                                            NSES.
                                    CORAM:
                                    HON'BLE MR. JUSTICE AMIT SHARMA
                                                 ORDER

% 20.08.2025

1. This hearing has been done through hybrid mode.

2. The present petition under Sections 11/12 of the Contempt of Courts
Act, 1971 read with Article 215 of the Constitution of India has been filed
seeking following prayers:-

“a) Initiate contempt proceedings against the Respondent for willfully
and deliberately disobeying the order dated 24.07.2023 of this Hon’ble
Court passed in the Writ Petition (Civil) 12030 of 2018.

b) Pass any other or further order/s as this Hon’ble Court may deem fit
and proper in the facts and circumstances of the case.”

3. The present contempt petition was filed alleging the non-compliance of
directions passed vide order dated 24.07.2023 in W.P.(C) 12030/2018. The
following directions were passed:-

CONT.CAS(C) 114/2024 Page 1 of 18

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“6. The petitioner is directed to file a detailed representation/application
along with the copy of the instant petition including the pleadings of the
petition as well as the certified copy of this order before the Chairman,
New Delhi Municipal Council within two weeks from today and after
receiving the detailed representation/application, the Chairman, New
Delhi Municipal Council is directed to dispose of the detailed
representation/application keeping in the mind the contents of the
petition as well as of the counter affidavit filed on behalf of the
respondents after giving personal hearing to the petitioners, if required
and pass a detailed and reasoned order in accordance with law
expeditiously, preferably within eight weeks.”

4. On 24.01.2024, learned Predecessor Bench of this Court, while issuing
notice in the present petition, had observed as under:-

“4. Per contra, learned counsel appearing for respondent/NDMC submits
that the order dated 24th July, 2023 passed by this Court has already
been complied with. He submits that a speaking order dated December,
2023 has already been issued, which is on record before this Court. He
submits that as per the said speaking order, all matters of compassionate
appointment pending in the Navyug School Education Society, which
also includes the petitioners herein, will be considered and decided in a
maximum time period of two months by following the due procedure.
The said speaking order further states that the petitioners will continue
to work as contractual employees with the Navyug School Education
Society till then. Thus, he submits that there is no disobedience of the
order dated 24th July, 2023 passed by this Court.

5. Learned counsel for the respondent further submits that since in the
said speaking order, it has been stated that the requisite action with
respect to the compassionate appointment of the petitioners shall be
taken within a period of two months, the matter may be re-notified at a
short date.”

5. Subsequently, vide judgment dated 10.05.2024 learned Predecessor
Bench of this Court had disposed of this petition by observing as under:-

“6. Having heard learned counsels for the parties, this Court notes that
by order dated 24th July, 2023 passed in W.P.(C) 12030/2018, the only

CONT.CAS(C) 114/2024 Page 2 of 18

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direction passed by the Coordinate Bench was to treat the petition of the
petitioners as representation and the respondents were directed to pass a
detailed and reasoned order with respect thereto.

7. Relevant portion of the order dated 24th July, 2023 passed in W.P.(C)
12030/2018, reads as under:

“xxx xxx xxx

6. The petitioner is directed to file a detailed
representation/application along with the copy of the instant
petition including the pleadings of the petition as well as the
certified copy of this order before the Chairman, New Delhi
Municipal Council within two weeks from today and after
receiving the detailed representation/application, the Chairman,
New Delhi Municipal Council is directed to dispose of the
detailed representation/application keeping in the mind the
contents of the petition as well as of the counter affidavit filed on
behalf of the respondents after giving personal hearing to the
petitioners, if required and pass a detailed and reasoned order in
accordance with law expeditiously, preferably within eight
weeks.

xxx xxx xxx”

8. Pursuant to the aforesaid order, the respondents have considered the
case of the petitioners, which has culminated in a Speaking Order dated
05th December, 2023, relevant portion of which, reads as under:

“xxx xxx xxx

16. After due deliberation and discussion, the BoG has approved
that “Compassionate appointment cases of Navyug School
Educational Society (NSES) may be considered as per the extant
compassionate appointment Policy/instructions issued by
Department of Personnel and Training, Govt. of India.” 17.
Accordingly, all the matters of compassionate appointment
pending in Navyug School Educational Society (NSES), the cases
including those of the petitioners, will be considered and decided
in a maximum time period of 2 months by following the due
procedure. The Petitioners will continue to work as contractual
employees in NSES till then.

xxx xxx xxx”

CONT.CAS(C) 114/2024 Page 3 of 18

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9. Reading of the aforesaid order clearly shows that the respondents have
already taken a policy decision that the case for compassionate
appointment of the petitioners to the Navyug School Educational Society
shall be considered and decided expeditiously by the respondents.

10. This Court also takes note of the order dated 29th February, 2024
passed in the present proceedings, wherein it has been recorded as
follows:

“xxx xxx xxx

6. Learned counsel appearing for the respondent points out that
the speaking order dated 05th December, 2023 has already been
passed in compliance of the order dated 24th July, 2023. He
further submits that the process for filling up the posts on
compassionate appointments in Navyug Schools has already been
initiated.

7. He submits that the petitioners herein were issued a letter
seeking to provide certain documents and to fill the format for the
purposes of compassionate appointments. However, the
petitioners have not been cooperating with the respondent. 8. In
view of the aforesaid, it is directed that the petitioners shall
cooperate with the respondents and provide all the requisite
information and documents to the respondents. Further, the
format which is to be filled for the purposes of compassionate
appointments and other formalities which were required to be
fulfilled, shall be complied by the petitioners.

9. Needless to state, the respondents shall expeditiously process
the cases of the petitioners for compassionate appointments.
xxx xxx xxx”

11. This court also takes note of the submissions made by learned
counsel for the respondents that the documents, for the purposes of
compassionate appointment of the petitioners, have already been
requisitioned and which have already been submitted by the petitioners
with the respondents on 02nd March, 2024.

12. Thus, considering the aforesaid facts and circumstances, this Court
is of the considered view that the order dated 24th July, 2023, passed by
the Coordinate Bench of this Court, is being complied with, by the

CONT.CAS(C) 114/2024 Page 4 of 18

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respondents in its true letter and spirit.

13. This Court also records the undertaking made by learned counsel for
the respondents, on instructions, that the process of compassionate
appointment of the petitioners shall be completed expeditiously.
However, he submits that time of at least four months be granted from
today, as considering the various formalities, the said process may take
some time.

14. Accordingly, it is directed that the respondents shall complete the
process of compassionate appointment of the petitioners expeditiously,
preferably, within a period of four months from today.”

6. Subsequently, the respondent No.2/NSES filed an application, CM
APPL. 54199/2024, seeking extension and grant of 8 weeks’ time to comply
with the aforesaid judgment dated 10.05.2024 and the matter vide order dated
21.10.2024 was listed for hearing on 12.12.2024. The said application was
disposed of by the learned Predecessor Bench of this Court vide order dated
12.12.2024 by observing as under:-

“1. Status report has been filed by the respondents. Copy thereof has also
been supplied to the petitioners.

2. Learned counsel for respondent, on instructions, submit that needful
compliance shall be done in 12 weeks.

3. Learned counsel for the petitioners submits that though there is no
justifiable reason given in the status report in seeking more time, keeping
in mind the overall facts and circumstances of the case and after taking
requisite instructions from the petitioners, at the moment, the petitioners
do not press the present petition.

4. However, it is submitted that respondents may be bound by the
statement whereby they claim that the needful would be done within 12
weeks from today.

5. He also submits that in case, nothing happens even after expiry of

CONT.CAS(C) 114/2024 Page 5 of 18

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period of 12 weeks from today, the petitioners may be permitted to
revive the present contempt petition.

6. In view of the above, the present petition is disposed of as not pressed.
Simultaneously, liberty is granted to revive the petition, in case, situation
so arises.

7. This Court, in view of indulgence granted to respondents time and
again, expects that the situation would not come to the point whereby the
petitioners are compelled to revive the present petition.”

7. Thereafter, CM APPL. 73306/2024 was filed on behalf of the
respondent seeking time for compliance, however, since the main petition had
already been disposed of vide the aforesaid judgment dated 10.05.2024, and
the respondents were already granted four (4) weeks time vide order dated
21.10.2024. The application was disposed of vide order dated 13.12.2024.

8. Thereafter, another application, CM APPL. 21105/2025, seeking
revival of the captioned contempt petition was preferred by the present
petitioners on the ground that the time given vide order dated 12.12.2024,
which was 12 weeks, had expired on 11.03.2025 and till that day, there was
no compliance. Vide order dated 09.04.2025, this application of restoration
was allowed and the captioned petition was restored to its original number
and listed for compliance for 09.07.2025.

9. In pursuance of the said application a compliance affidavit dated
07.07.2025 was placed on record on behalf of respondent No.2, wherein, the
delay was explained by way of a table giving a detailed timeline with respect
to the process initiated by the respondent had been given. The same is
reproduced as under:-

CONT.CAS(C) 114/2024 Page 6 of 18

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CONT.CAS(C) 114/2024 Page 7 of 18

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CONT.CAS(C) 114/2024 Page 8 of 18

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CONT.CAS(C) 114/2024 Page 9 of 18

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CONT.CAS(C) 114/2024 Page 10 of 18

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10. Along with the compliance affidavit, minutes of the Screening
Committee held under the Chairpersonship of Officer on Special Duty
(Education), NDMC on 09.04.2025 at 11:00 AM to consider cases for
compassionate appointment in Navyug School Educational Society
((NSES)/Respondent No.2) have been placed on record. It is the case of
respondent no. 2 that after due deliberations, the committee had recommended
the names of three persons for consideration to the competent authority for
appointment against the vacancies reserved for compassionate appointments.

CONT.CAS(C) 114/2024 Page 11 of 18

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In pursuance of the same, an offer of appointment dated 03.07.2025 had been
issued to Smt. Kajal, Smt. Asha and Smt. Alka Dabral , which have been
placed on record along with the compliance affidavit.

11. Reply to the said compliance affidavit has been filed on behalf of the
petitioners, wherein it is contended that there have been violations of the
directions by the respondents in terms of the order dated 24.07.2023 passed
in W.P.(C) 12030/2018. It was submitted that the directions were given to the
respondent to dispose of the detailed representation/application filed by the
petitioners regarding the regularization of their service, keeping in mind the
contents of the writ petition as well as the counter affidavit filed on behalf of
the respondent, expeditiously within 8 weeks from the date of receiving the
application/representation. It was submitted that the said time period expired
on 07.10.2023, and the said directions were not complied with by the
respondents. It is further contended that respondents, in complete disregard of
the directions, passed a speaking order dated 05.12.2023, wherein they took a
suo moto extension of time for a further period of 2 months from 05.12.2023,
which was much after the direction passed by this Court, i.e., period of 8
weeks. It is further submitted that despite further undertakings given before
this Court, no decision was taken by the respondents.

12. Learned counsel for the petitioners further contended that a contrary
stand, to their counter affidavit dated 28.02.2019 filed in W.P.(C)
12030/2018, has been taken by the respondent in their compliance affidavit
dated 07.07.2025 filed in the present petition. It is submitted that in its counter
affidavit dated 28.02.2019 vide paragraph 8, it was stated that the case of the
petitioners was being examined in line with the instructions issued by the
Government of India on compassionate appointment vide Office

CONT.CAS(C) 114/2024 Page 12 of 18

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Memorandum F.No.14014/02/2012-Estt(D) dated 16.01.2013. However, the
respondent, while filing the “Affidavit of Compliance” dated 07.07.2025 took
a complete U-turn and ignored the earlier Office Memorandum F.No.
14014/02/2012-Estt(D) dated 16.01.2013 and proceeded to consider
regularization on compassionate appointment on the basis of a recent Office
Memorandum F.No. 14014/1/2022-Estt.(D) dated 02.08.2022. On the basis
of the aforesaid, it was contended that it is a settled law that the compassionate
appointment policy prevalent at the time of the employee’s death is applicable
and not the subsequent one.

13. Learned ASG on behalf of the respondent submits that the directions
for which the present contempt petition had been filed were complied with, as
has been observed by the learned Predecessor Bench of this Court vide
judgment dated 10.05.2024. It was also submitted on behalf of learned ASG
that even in the order passed by learned Single Judge on 24.07.2023, the
contentions of the petitioners were not pressed by themselves as has been
noted in the aforesaid order. It is pointed out that if the petitioners are
aggrieved by the decision taken by the Screening Committee, then they have
alternate remedy with respect to the same before the Court of competent
jurisdiction.

14. Heard learned counsel for the parties and perused the record.

15. As noted hereinabove, the present petition has been filed for non-
compliance with the order dated 24.07.2023 passed in W.P.(C) 12030/2018.
For the sake of completeness, the said order reads as under:-

“1. The instant petition under Article 226 of the Constitution of India
has been filed on behalf of the petitioner seeking the following reliefs:

CONT.CAS(C) 114/2024 Page 13 of 18

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“(i) Issue writ/order or direction in the form of mandamus or
any other nature by directing all the respondents to pass
appropriate regularization orders, of all the Petitioners,
from the date of their first appointment, within one month
from the date of the order of this Hon’ble Court,

(ii) Issue writ/order or direction in the form of mandamus or
any other nature by directing all the respondents to pass
appropriate order for appointing all the petitioners, in the
highest stage of pay prescribed for the post occupied by them
with effect from the date of their first appointment, and also
appointing all the petitioners, in the highest stage of pay of
Group ‘C’ category, according to the qualification held by
them, and also grant the annual increments in that grade, for
all these intervening years. Consequently, they shall be paid
the differential amounts they are entitled towards the total
emoluments they can draw (including dearness allowance
and all other allowances), on the basis of what was actually
paid to them and what they are entitled to each year,
including the increase in pay scales based on
recommendations of the seventh pay commission and
allowances payable under the amended rules;

(iii) Issue writ/order or direction in the form of mandamus or
any other nature by directing all the respondents to pass
appropriate order so that, while making payments to the all
Petitioners in accordance with the relief claimed by them, all
the respondents shall ensure that the lump sum payments
shall be appropriately spread out, in accordance with
provisions of the Income tax Act, to ensure that deductions
are spread out, and minimum tax effect is felt by the all the
petitioners and all the respondents shall render every
assistance with the income tax authorities in this regard.

(iv). Issue writ/order or direction in the form of mandamus
or any other nature by directing all the respondents to pass
appropriate order so that, all the benefits such as pension,
terminal benefits, leave encashment, gratuity, etc shall be
given to all the petitioners;

(v) Pass such other order(s)/direction(s) in the favour of the

CONT.CAS(C) 114/2024 Page 14 of 18

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all petitioners, as this Hon’ble Court may deem fit and proper
in the facts and circumstance of the present case and in the
interest of justice, equity and fair play;

(vi) Award the cost of this petition to the all the petitioners.”

2. After some length of arguments, learned counsel for the petitioners
submitted that he does wish to press the instant petition on merit at this
stage and seeks an innocuous prayer to file a detailed
representation/application before the concerned authority. He also
prayed for direction to the concerned authority for expeditious disposal
of the above representation.

3. Per contra, learned counsels appearing on behalf of the respondents
vehemently opposed the instant petition.

4. Heard learned counsel for the parties and perused the record.

5. Since learned counsel for the petitioners does not press the instant
petition on merit and only made an innocuous prayer to represent his
case before the concerned authority, this Court is inclined to allow the
innocuous prayer made on behalf of the petitioners.

6. The petitioner is directed to file a detailed representation/application
along with the copy of the instant petition including the pleadings of the
petition as well as the certified copy of this order before the Chairman,
New Delhi Municipal Council within two weeks from today and after
receiving the detailed representation/application, the Chairman, New
Delhi Municipal Council is directed to dispose of the detailed
representation/application keeping in the mind the contents of the
petition as well as of the counter affidavit filed on behalf of the
respondents after giving personal hearing to the petitioners, if required
and pass a detailed and reasoned order in accordance with law
expeditiously, preferably within eight weeks.

7. With the aforesaid directions, the instant petition is disposed of along
with pending applications, if any.”

16. Subsequently, vide judgment dated 10.05.2024, learned Predecessor
Bench of this Court disposed of this petition by observing as under:-

CONT.CAS(C) 114/2024 Page 15 of 18

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“12. Thus, considering the aforesaid facts and circumstances, this Court
is of the considered view that the order dated 24 July, 2023, passed by
the Coordinate Bench of this Court, is being complied with, by the
respondents in its true letter and spirit.”

17. It is pertinent to note that the directions given vide order dated
24.07.2023 was that the respondents will decide the representation of the
petitioners after giving them personal hearing. The decision on the said
representation had been taken by the respondents vide order dated 05.02.2023,
which reads as under: –

“16. After due deliberation and discussion, the BoG has approved that
“Compassionate appointment cases of Navyug School Educational
Society (NSES) may be considered as per the extant compassionate
appointment policy/instructions issued by Department of Personnel and
Training, Govt. of India.”

17. Accordingly, all the matters of compassionate appointment pending
in Navyug School Educational Society (NSES),the cases including
those of the petitioners, will be considered and decided in a maximum
time period of 2 months by following the due procedure. The petitioners
will continue to work as contractual employees in NSES till then.”

18. Contention of learned counsel for the petitioners is that the
appointments made by the Screening Committee are liable to be quashed by
this Court owing to the fact that the same were without the approval of the
Board of Governors of the Respondents, which is the competent authority for
taking this decision. Secondly, these appointments are done in violation of the
direction issued by this Court vide order dated 24.07.2023. Thirdly, the policy
followed is in violation of guidelines laid down by the Hon’ble Supreme Court
of India in the judgments cited by learned counsel for the respondent.

19. In the considered opinion of this Court, the petitioners cannot challenge
the decision taken by the Screening Committee in the present contempt

CONT.CAS(C) 114/2024 Page 16 of 18

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petition. The submission on behalf of the petitioners with regard to various
issues, including the applicability of the policy for regularization on
compassionate appointments, cannot be adjudicated by this Court in the
present contempt jurisdiction. In the reply filed to the compliance affidavit,
the petitioners have also raised issues with regard to the discrimination in the
final appointment, vis-à-vis the present petitioners. This issue also cannot be
decided in the present jurisdiction. At this stage, it will be appropriate to refer
to a judgment of the Hon’ble Supreme Court in J.S. Parhihar v. Ganpat
Duggar and Others
, (1996) 6 SCC 291, wherein in paragraph 6, it has been
observed and held as under: –

“6. The question then is whether the Division Bench was right in
setting aside the direction issued by the learned Single Judge to redraw
the seniority list. It is contended by Mr S.K. Jain, the learned counsel
appearing for the appellant, that unless the learned Judge goes into the
correctness of the decision taken by the Government in preparation of
the seniority list in the light of the law laid down by three Benches,
the learned Judge cannot come to a conclusion whether or not the
respondent had wilfully or deliberately disobeyed the orders of the
Court as defined under Section 2(b) of the Act. Therefore, the learned
Single Judge of the High Court necessarily has to go into the merits
of that question. We do not find that the contention is well founded. It
is seen that, admittedly, the respondents had prepared the seniority list
on 2-7-1991. Subsequently promotions came to be made. The
question is whether seniority list is open to review in the contempt
proceedings to find out whether it is in conformity with the directions
issued by the earlier Benches. It is seen that once there is an order
passed by the Government on the basis of the directions issued by the
court, there arises a fresh cause of action to seek redressal in an
appropriate forum. The preparation of the seniority list may be wrong
or may be right or may or may not be in conformity with the
directions. But that would be a fresh cause of action for the aggrieved
party to avail of the opportunity of judicial review. But that cannot be
considered to be the wilful violation of the order. After re-exercising
the judicial review in contempt proceedings, a fresh direction by the
learned Single Judge cannot be given to redraw the seniority list. In

CONT.CAS(C) 114/2024 Page 17 of 18

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other words, the learned Judge was exercising the jurisdiction to
consider the matter on merits in the contempt proceedings. It would
not be permissible under Section 12 of the Act. Therefore, the
Division Bench has exercised the power under Section 18 of the
Rajasthan High Court Ordinance being a judgment or order of the
Single Judge; the Division Bench corrected the mistake committed by
the learned Single Judge. Therefore, it may not be necessary for the
State to file an appeal in this Court against the judgment of the learned
Single Judge when the matter was already seized of the Division
Bench.”

20. Learned Predecessor Bench of this Court, as noted hereinabove, has
already observed that the order dated 24.07.2023 had been complied with. The
matter was kept pending for final decision in pursuance of the aforesaid
speaking order dated 05.12.2023. The outcome of the same has been placed
on record by way of a compliance affidavit. In case, the petitioners are
aggrieved, the same can be challenged by taking recourse to other legal
remedies in accordance with law. In the initial directions passed by Court vide
order dated 24.07.2023, there was no direction of appointment of petitioners
by way of compassionate appointment(s) and thus, there can be no violation
of the same.

21. Needless to state that the petitioners are at liberty to challenge the
decision of the Screening Committee with respect to the policy adopted in the
process of compassionate appointments and subsequent appointments, in
accordance with law, before the Court of competent jurisdiction.

22. With the aforesaid directions the present petition is disposed of.

23. Pending application(s), if any, also stand disposed of.

AMIT SHARMA, J
AUGUST 20, 2025/sn/dj/ns

CONT.CAS(C) 114/2024 Page 18 of 18

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