JUDGEMENT
BHASKAR BHATTACHARYA, J. -
(1.) This writ application under Articles
226/227 of the Constitution of India is at the
instance of the Union of India and is directed
against order dated May 3, 2006 passed by the
Central Administrative Tribunal Calcutta
Bench (hereinafter referred to as the Tribunal)
by which the said Tribunal allowed an
application under Section 19 of the
Administrative Tribunal Act, 1985 filed by the
respondent herein by directing the present
appellants to consider the case of the
respondent by absorbing him against Group-D
post immediately in the light of the observation
made in the body of the said order,
(2.) The facts giving rise to the filing of this
writ-application may be summed up thus :
(3.) In the past, the respondent herein filed
an application under Section 19 of the
Administrative Tribunal Act, 1985 before the
Tribunal below thereby praying for absorbing
him in the regular Group-D post after taking
into consideration his service of more than eight
years in casual vacancies. The said application
was contested by the Union of India and
ultimately, the Tribunal by the order dated
August 20, 2003 disposed of the said
application by directing the Union of India to
consider the case of the respondent for
regularisation against the available or future
Group-D vacancy in the same manner in which
the cases of two casual workers, namely, Rekha
Kundu and Bablu Bagani were regularized. The
Tribunal further directed that till such
consideration was made the status quo as
regards the service of the respondent would
continue. It may not be out of place to mention
here that the Union of India has not challenged
the said decision and the same has attained finality.;
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