UNION OF INDIA Vs. UMA NATH RAI
HIGH COURT OF MEGHALAYA
UNION OF INDIA
Uma Nath Rai
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RANJIT VASANTRAO MORE,J. -
(1.) By this writ petition, petitioners seek to challenge the order dated 15-03-2019 passed by the Central Administrative Tribunal, Guwahati Bench (in short Tribunal) in OA. No. 043/00295/2018. By the said order, the Division Bench of the Central Administrative Tribunal set aside the order dated 31-01-2013 passed by the petitioner No. 3 and further directed him to consider the respondent’s case for regularization of services in the light of the ratio laid down in the case of Secretary, State of Karnataka and Others v. Umadevi and Others (2006) 4 SCC 1 para 53.
(2.) Brief facts given by the present petitioner is as follows:
The respondent was initially appointed on 18-09-1992 as Chowkidar on casual basis. Admittedly, the respondent has completed more than twenty-five years of service from 1992 and is still continuing with the petitioners. The respondent was in employment on the date of issuance of DOPT OM dated 10-09-1993. The respondent claims that he is entitled to have the benefit of the said DOPT scheme and therefore, he along with two similarly situated persons, namely, Naresh Sarkar and Sanjeet Kumar preferred Original Application bearing OA. No. 106/2003 before the Tribunal praying for regularization of their services. The Tribunal vide its judgment and order dated 24-02-2004 was pleased to direct the petitioners to consider the prayer of the respondent and the other two similarly situated persons for regularization in the light of the Notification and Scheme promulgated by the Government. The prayer of the respondent and the other two persons for grant of temporary status was rejected by order dated 31-05-2004. This order was challenged by the other two similarly situated persons namely, Naresh Sarkar and Sanjeet Kumar by filing OA. No. 238/2004 before the Tribunal. However, this application was rejected by order dated 02-08-2005. Naresh Sarkar and Sanjeet Kumar challenged the aforesaid order dated 31-05-2004 and order dated 02-08-2005 passed by the Tribunal before the Gauhati High Court by filing writ petition bearing WP(C). No. 6517/2005. By order dated 07- 01-2009, the Gauhati High Court was pleased to allow the petition thereby directing the petitioners to regularize the services of Naresh Sarkar and Sanjeet Kumar as well as those who are similarly situated including the respondent herein. The petitioners regularized the services of Naresh Sarkar and Sanjeet Kumar. However, the service of the respondent was not regularized.
(3.) The respondent thereafter approached the Tribunal by filing OA. No. 174/2011 praying for quashing and setting aside speaking order dated 31-05-2004 and further seeking regularization of his services with the petitioners in terms of judgment and order dated 07-01-2009 passed by the Gauhati High Court in WP(C). No. 6517/2005. The Hon'ble Tribunal disposed of this application by passing order dated 14-09-2011, thereby directing the respondent to file representation before the petitioner authority by providing necessary details and the petitioners were directed to consider the said representation on the said decision of the Gauhati High Court referred hereinabove.;
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