- (1.) The Union of India and another have filed the instant writ petition under Articles 226/227 of the Constitution of India for quashing the order dated 23.3.2012 (Annexure P-4) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal'), whereby the Original Application (O.A. No. 344/PB/2011) filed by respondent No.2 Gian Chand was allowed and the petitioners were directed to pay the retiral benefits to respondent No.2 by not insisting on pre-requisite condition of completion of 3 years regular service on the post after grant of temporary status.
(2.) In the present case, respondent No.2 joined service in the year 1983 under the petitioners as Part Time Chowkidar. He was working as casual labourer. Vide circular dated 12.4.1991 (Annexure R-1), a scheme for conferring temporary status on the casual labourers fulfilling certain conditions was circulated. According to the scheme, the temporary status was to be conferred on the casual labourers in employment as on 29.11.1989 and who had rendered continuous service of at least one year. In spite of the said circular, respondent No.2 was not granted temporary status.
(3.) Consequently, he filed Original Application No. 103/PB/2003 for conferring temporary status on him with all consequential benefits. Vide order dated 24.10.2003 (Annexure A-2), the Division Bench of the Tribunal allowed the said Original Application, while observing as under :- "In the result, we find that the applicant is entitled to be conferred temporary status considering the fact that the applicant is due to retire within a week's period. We think it would be better if he retires with some status. It would be unfair if he retired without any terminal benefits after having rendered a long service of about 20 years. Whatever we have said, it shall not be treated as a precedent for other cases. Accordingly, we allow the O.A to the extent that the applicant shall be conferred temporary status from the due date with all consequential benefits. However, the applicant shall be entitled to the arrears on account of differences of pay, if any, which shall be restricted only for a period of 18 months prior to the filing of present O.A which is 5.2.2003." ;