- (1.) Union of India and others have filed the instant writ petition, seeking quashing of the order dated 8.10.2010 (Annexure P-1), passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal'), whereby the Original Application filed by Bal Ram and Tara Chand (respondents No.1 and 2 herein) was allowed and the petitioners were directed to re-consider the case of respondents No.1 and 2 and pass necessary orders for grant of temporary status to them with effect from 1.9.1993 and regularise their services with all consequential benefits of seniority, arrears of pay and allowances as per pay scales revised from time to time and further to put them in old GPF Scheme with pension, within a period of three months from the date of receipt of copy of the order.
(2.) We have heard learned counsel for the petitioners and gone through the impugned order.
(3.) Undisputedly, respondents No.1 and 2 were engaged as casual workers through Employment Exchange, in 1985 and August, 1987, respectively. Thereafter, they were engaged as T-Maker and Helper, respectively, with effect from 1.8.1988 and continued to perform their duties without any break, and completed more than 240 days of service in each year. In the year 1993, on the basis of a decision of the Apex Court upholding the judgment of the Central Administrative Tribunal, Principal Bench, New Delhi, passed in the case titled as 'Raj Kamal and others Vs. Union of India', the Department of Personnel & Training issued a scheme, known as 'Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993' (hereinafter referred to as 'the Scheme of 1993'), which came into existence with effect from 1.9.1993. According to this Scheme of 1993, casual labourers who were in employment as on 1.9.1993 were to be conferred with temporary status on completion of 240 days in a calendar year followed by regularisation and other benefits as mentioned therein. When benefit of the Scheme of 1993 was not given to respondents No.1 and 2, they filed Original Application No. 133 of 1996 before the Central Administrative Tribunal, Principal Bench, New Delhi for grant of temporary status, which was decided vide order dated 3.4.1998 (Annexure A-5) with a direction to the petitioners to extend the benefit of temporary status to them (respondents No.1 and 2) as per the Scheme of 1993. In pursuance thereof, vide order dated 29.5.1999 (Annexure A-6), the petitioners granted temporary status to respondents No.1 and 2 with effect from 21.5.1998, instead of 1.9.1993. Thereafter, they were regularised as T-Maker and Cleaner, with effect from 25.11.2005.;