B.GANGADHARA Vs. C.NINGAPPA

JUDGEMENT

(1.) PETITIONERS , questioning the correctness or otherwise of the order dated 12th May 2010, passed in O.A.147/2009 by the Hon'ble Central Administrative Tribunal, Bangalore Bench, Bangalore (hereinafter referred to as 'Tribunal' for short), have presented these petitions, seeking to set aside the same and issue a direction to the respondents to grant them the temporary status and regularization from the date they have completed 240 days of continuous service.

(2.) IN the said Application filed by petitioners herein, they had sought for setting aside the order dated 12th August 2008 bearing No.C.No.II/3/53/2008 Estt."B" at Annexure A/34 to the Application, as illegal and without Rules insofar as the applicants are concerned and for a direction to second respondent to grant temporary status and regularization in Group-D cadre to the applicants from the dates it became due with all consequential benefits.

(3.) THE main grievance of the petitioners in these petitions is that, they have been engaged as contingent Casual Labourers on different dates between the years 1993 and 1997, working five days per week regularly in the respondent Department. When the Casual Labourers (Grant of Temporary Status and Regularization), Scheme of Government of India came into force on 10th September 1993, the case of petitioners herein was not considered for conferment of temporary status and regularization as per the scheme, whereas the case of similarly situated persons has been considered for conferment of temporary status and regularization as per the Scheme. It is their specific case that they have completed more than ten/fifteen years of regular service and though the first respondent has issued instructions vide Annexures A/2 and A/5 granting temporary status and regularization to the contingent casual labourers, the second respondent has not followed the instructions in respect of these petitioners. On the basis of the circulars issued from time to time and also the decision of other High Courts, the benefit of conferment of temporary status and regularization has been extended to other casual labourers but the same has been rejected in the case of these petitioners on hyper technical grounds. Therefore, they were constrained to file Application before the Tribunal, which has been dismissed by Tribunal.