OMPRAKASH DUKHILAL YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application under Section 19 of the Administrative Tribunals Act, 1985 for direction to the respondents to regularise the services of the applicants by taking into account the vacancies of all the Military Firms in Southern Command and by following common seniority lift and to restrain the respondents from terminating their services.

(2.) By amendment of the O.A. the applicants have further sought the declaration that proposed action of the respondents in terminating the services of the applicants in pursuance of the order dated 15.12.2001 being illegal be quashed and respondents be restrained from terminating the services of the applicants as per order dated 15.12.2001.

(3.) THE applicants claimed that Applicant No. 1 Om Prakash Yadav, Applicant No. 2 Shiv Bhushan Yadav, Applicant No. 3 Surbhan Bansi Lal Yadav, Applicant No. 4 Raj Naresh and Applicant No. 5 Babloo Gopal are working with Respondents No. 3 since August, 1988, 1988, 1989, 1991, 1991 respectively in Stack Yard (Applicant No. 1) and in Cattle Yard (rest of the applicants). THEy have been conferred temporary status w.e.f. 1.1.1996, they are eligible for the purpose of regularisation, there is a common Command seniority of all the casual labour for purpose of regularisation working in various Military Farm in Southern Command, namely, Kirkee, Pimpri, Mohanjari, Devlali, Bangalore, Secunderabad, Belgaon and Ahmedabad. THE respondents have not illegally regularised their services despite there exists ample number of vacancies in various Military Farms of Southern Command.