- (1.) This petition filed by the Union of India and others is directed against order dated 13.5.2005 (Annexure P.6) passed by the Single Member of the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity 'the Tribunal') in OA No. 1208 /HR/2003. The Tribunal has held that applicant-respondents are entitled to be considered for their regularisation according to their seniority and if any process of selection as per advertisement was to be completed then the petitioners were directed to ask the applicants to submit their applications for consideration of their cases for fresh appointment as per law. It was further directed that if the selection process has already been completed then the petitioners or their officers were to consider the case of the applicant- respondents for their regularisation/ absorption according to their seniority in the live casual labour register against the available vacancy in any of the unit or department under their control in Ambala Division.
(2.) Brief facts of the case are that respondent Nos. 1 to 9 were engaged as casual Khalasi by the petitioners on different dates and they were dis-engaged by a verbal order on 29.1.1988. Respondent Nos. 1 to 9 filed Original Application before the Tribunal for a direction to consider and appoint them against the newly created and advertised posts on preferential basis. However, on the basis of stand taken by the petitioners in their reply the prayer made in the OA was amended by the petitioners after obtaining permission from the Tribunal. The O.A. was finally heard by a Single Bench member of the Tribunal and vide orders dated 13.5.2005 the Single Bench Member disposed of the OA on 17.5.2005 by issuing aforementioned directions to the petitioners. Feeling aggrieved the petitioners have approached this Court.
(3.) When the matter came up for motion hearing on 4.8.2005, the petition was admitted and operation of the impugned order dated 13.5.2005 (Annexure P.6) was stayed.;