VERSHA KALRA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY virtue of this OA, applicant has sought quashment of orders dated 28.1.2005 and 13.6.2005 whereby respondents have not treated the period of applicant's service from 29.4.1975 to 31.3.1980 as regular and as such applicant was not able to enjoy the benefit of second financial upgradation under the ACP Scheme. Admittedly, applicant was appointed as Hindi Lecturer in a purely temporary capacity on 13.5.1975 for a fixed period i.e. from 29.4.1975 to 28.7.1975, which was continued from time to time till 19.3.1980. It has been contended that while the applicant's services were regularized vide Annexure A-9 dated 19.3.1980 w.e.f. 19.3.1980, various other similarly situated persons were regularized from the date of their initial appointment vide Annexure A-10 dated 19.3.1980. It is thus alleged that applicant has been discriminated against.

(2.) Obviously, the relief of reckoning the period of adhoc service from 29.4.1975 to 31.3.1980 as regular period is based on the foundation of applicant's service between the period from 29.4.1975 and 31.3.1980. The foundation for the cause of action being the period prior to 31.3.1980 takes out the present matter from the jurisdiction of this Tribunal in terms of Section 21(2)(a) of the Administrative Tribunals Act, 1985. The related provision reads as follows:

(3.) AT this stage learned Counsel for applicant seeks and is allowed to withdraw this OA with liberty for presenting the matter before an appropriate forum.