JUDGEMENT
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(1.) To question correctness of the judgment dated 18.05.2011 passed by
Central Administrative Tribunal, Jodhpur in Original Application No.
157/2009 with Misc. Application No. 95/2009, this petition for writ is preferred.
(2.) In brief facts of the case are that the petitioners-original applicants were employed as daily wagers on mustrol with Military
Engineering Services somewhere in the year 1985-86. The petitioners along
with similarly situated employees were retrenched from service on
06.02.1987 Being aggrieved by the same, the petitioners and other similarly situated employees preferred an original application before the
Central Administrative Tribunal, Jodhpur that came to be dismissed by the
judgment dated 19.07.1988. The learned tribunal by the judgment aforesaid
held that discontinuation of the applicants from service was illegal and
therefore, they are entitled to reinstatement in service with full back
wages within a period of two months from the date of the order. The
judgment aforesaid came to be affirmed by the Hon'ble Supreme Court of
India with a little modification that the retrenched workmen be
reinstated in service on the posts held by them without any back wages.
(3.) As per the facts averred in the original application application, the applicants as well as other similarly situated persons were reinstated in
service but not the posts held by them, therefore, some of the persons
approached the Central Administrative tribunal, Bench Chandigarh by way
of filing an Original Application to have a direction for their
reinstatement in service on the posts from which they were retrenched.
The original application of those employees came to be accepted on
24.03.2003 with direction to consider regularisation of the applicants on the post against which they were initially appointed with Military
Engineering Services (Industrial Class-III & IV).;
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