SH NISHIKANT Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT is challenging the order of the Director of Mines Safety, Dhanbad dated 3rd March, 2000 offering the post of Chowkidar to Respondent No. 5 by ignoring the legitimate claim of the applicant and not regularising him.

(2.) The applicant was sponsored by the Employment Exchange, Nagpur for employment as casual labour as Mali. The applicant appeared for the interview and was found suitable and selected vide letter dated 20.11.1987. He was thereafter appointed as casual labour on daily wages at the rate of Rs. 21.90 P. per day as per order dated 29.1.1988. Accordingly, the applicant joined service on 29.1.1988.

(3.) THE applicant submits that one Shri Suresh Pandurang Khobragade was appointed as Chowkidar for holidays during day time only as casual labour with effect from 22.12.1988, he was also part time casual worker. In the meantime Shri Rajendra Prasad Dube, who was working as regular Chowkidar at Nagpur office was transferred to Hyderabad. Respondent No. 4, therefore, transferred Shri Suresh Pandurang Khobragade as regular chowkidar in the vacant post vide letter dated 12.11.1991. According to the applicant Shri Khobragade was appointed as part time chowkidar later than the applicant. Shri Khobragade was given the appointment order for regular post of chowkidar vide letter dated 15.7.1996.