S.S. Chauhan, J. - (1.) This special appeal has been filed against the judgment and order dated 01.05.2007 passed by the learned Single Judge, by means of which, the writ petition preferred by the appellant, claiming regularization on the post of Phone Mechanic, has been dismissed.
(2.) The appellant, who was working with the respondents, was appointed in the year 1979 and was granted temporary status by means of order dated 2.1.1991 with effect from 1.1.1990. After the grant of temporary status, the appellant was being paid salary alongwith D.A., H.R.A. etc. and the total salary of Rs. 1758/ - was being paid to the appellant on the basis of temporary status granted to him. The temporary status granted to the appellant was cancelled by means of order dated 6.6.1994 without giving any show cause notice to the appellant. The said cancellation was made on the basis of break period on the ground that the break period was not condoned by the authorities although the temporary status was granted by the authorities condoning the period and also considering the fact that the case of the appellant was fully covered under the Scheme of 1989. The appellant was also provided three increments.
(3.) The appellant proceeded to challenge the order dated 6.6.1994 by means of O.A. No. 547 of 1994 before the Central Administrative Tribunal, Lucknow. The order granting temporary status to the appellant was restored by means of order dated 29.12.1994 during the pendency of the original application. Since the respondents did not comply with the order dated 8.9.1994 passed by the Tribunal, the appellant filed a contempt petition bearing No. 105 of 1994 for complying the order passed by the Tribunal and allowing the appellant to join in Project Wing as the Maintenance Wing did not pay the salary to the appellant, although the appellant was performing his duties at O.F.C. Repeater Station, Kotwa Sadak, Barabanki. The Central Administrative Tribunal thereafter passed an order on 21.12.2000.;