Baljeet Singh vs Union Of India & Others

R.N. Singh, Member (J)

The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-

"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to regularize the service of the applicant after granting medical and age relaxation at par with his juniors persons with all the consequential benefits from the date of regularization of junior persons after declaring all the orders by which the claim of the applicant has been rejected are illegal and against the law with all consequential benefits including granting the pension and other retirement benefits.

(ii) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents, to treat the applicant as a regular employee on the due date of his retirement i.e. on 31.5.2020 on completion of 60 years of his age and grant all consequential benefits including service pension, gratuity etc.

(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the cost of litigation."

Learned counsel for the applicant submits that the applicant has been engaged as a casual worker on the post of Frash under the respondents w.e.f. 17.2.1986 and was subsequently granted temporary status w.e.f. 1.9.1993. He further submits that subsequently in spite of their being a scheme for regularisation of such persons, the respondents have not regularized the services of the applicant allegedly on the ground of his medical unsuitability. He further submits that a similar person and junior to the applicant has approached this Tribunal vide OA No.45/2013 and this Tribunal has allowed the said OA vide Order/Judgment dated 5.2.2015 (Annexure A/4). The said judgment have attained finality in view the Hon'ble High Court of Delhi vide order/judgment dated 16.5.2016 (Annexure A/5) dismissed the Writ Petition (Civil) No.5156/2015 filed by the respondents. Mr. Sharma, learned counsel for the applicant further submits that it has been incumbent upon the respondents to extend the benefit of judgment of this Tribunal in OA No. 45/2013 to the applicant at their own. However, in spite of legal notice dated 23.9.2018 (Annexure A/1), the respondents have not bothered to take any remedial action.

Issue notice.

Mr. Asheesh Rai, learned counsel, who appears on behalf of respondents on advance service, accepts notice.

Mr. Sharma, learned counsel for the applicant, submits that the applicant shall be satisfied if the present OA is disposed of with direction to the respondents to treat the aforesaid legal notice dated 23.9.2018 (Annexure A/1) as a representation on behalf of the applicant and to consider and to dispose of the same in a time bound manner, more particularly, keeping in view the judgment of this Tribunal and the Order of the Hon'ble High Court of Delhi, referred to hereinabove. To such request, Mr. Rai, learned counsel for the respondents does not have any objection.

In view of the aforesaid, without going into the merit, we dispose of the present OA with direction to the respondents to consider the aforesaid legal notice dated 23.9.2018 (Annexure A/1) as a representation from the applicant and to dispose of the same by passing a reasoned and speaking order as expeditiously as possible and in any case within a period of eight weeks of receipt of a copy of this Order.

The present OA is disposed of in the aforesaid terms. However, in the facts and circumstances, no order as to costs.