KAMLESH Vs. UNION OF INDIA
LAWS(SC)-2020-1-45
SUPREME COURT OF INDIA
Decided on January 20,2020

KAMLESH Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

S.ABDUL NAZEER,J. - (1.)In this appeal, appellant has challenged the legality and correctness of the order dated 29.08.2008, whereby the High Court of Delhi has dismissed the C.M. Application No. 8277 of 2008, arising out of W.P.(C) No. 9282 of 2004.
(2.)The appellant was appointed as Extra Departmental Employee (for short 'EDE') at village Pooth Kalan Post Office, on provisional basis. The order of the appointment of the appellant is as under:
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(3.)On the basis of an order passed by the Central Administrative Tribunal (for short 'the Tribunal') dated 05.02.2003, the appellant made a representation for regularization of service with benefits of seniority. This representation was rejected by the third respondent, by order dated 28.04.2003. The appellant challenged the said order by filing O.A. 1736 of 2003 before the Tribunal. The Tribunal dismissed the said O.A. by order dated 07.05.2004. The respondent passed an order on 20.05.2004 discontinuing the service of the appellant with immediate effect. In the meantime, the appellant filed W.P. No. 9282 of 2004, challenging the legality and correctness of the order passed by the Tribunal dated 26.05.2004. Thereafter, the appellant also challenged the order of discontinuation of her service dated 20.05.2004, by filing an application in the writ petition. In the said case, the question for consideration was whether the appointee can seek regularization by reason of prolonged service. After considering this question in detail, the Court dismissed the writ petition by order dated 08.07.2004. Thereafter, the appellant filed a Review Application, against the said order which was also dismissed by the High Court on 03.12.2004.
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