- (1.) C.M. No. 2526 of 2016 Heard. The application is allowed permitting the respondents 2 to 5 to place on record the reply. 1. The Writ Petitioner approached the learned Central Administrative Tribunal, Chandigarh Bench by filing O.A. No. 1039/PB of 2005 praying for reinstatement and regularization of his service on the plea that he has been engaged by the official respondents as Daily Wager Peon/Watchman right from the year 1994. The Tribunal chose to reject the plea for reinstatement and the regularization in service, observing that the appointment of the Writ Petitioner as a Peon/Watchman was not in accordance with the Rules to fill up any vacant sanctioned post.
(2.) The above order passed by the Tribunal on 9.10.2006 was put to challenge before this Court in CWP No. 2216-CAT-2007. This Court having adverted to the rival pleadings and considering the submissions made on either side directed the respondent department to re-examine the case of the petitioner keeping in mind their office order dated 5.3.2010. The order passed by the coordinate Bench of this Court on 20.3.2014 in CWP No. 2216-CAT-2007 would reflect that the above order was passed only based on the consensus expressed by the counsel on either side.
(3.) The department had taken a decision not to regularize the service of the Writ Petitioner through their internal communication dated 12.5.2014. The said internal communication had culminated in a formal decision that the case of the Writ Petitioner cannot be considered for regularization and the same was communicated to the Writ Petitioner on 7.8.2014.;