Raj Pal 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.

(ii) Alternative relief: In case of not granting the above prayed relief (i) for any reason the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondent No. 1 to consider the case of the applicant for their regularization and any other department or any other ministry against the civilian/non combatised posts while considering the age and the working experience of the applicants.

(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. 3.5.1982 and was subsequently granted temporary status w.e.f. 1.9.1993. He further submits that subsequently in spite of there 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 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 has attained finality in view of the dismissal of the Writ Petition (Civil) No.5156/2015 filed by the respondents by the Hon'ble High Court of Delhi vide order/judgment dated 16.5.2016 (Annexure A/5). Mr. Sharma, learned counsel for the applicant further submits that it has been incumbent upon the respondents to extend the benefit of the said decision to the applicant at their own. However, in spite of legal notice 26.4.2020 (Annexure A/1), the respondents have not taken any remedial action.

Issue notice.

Mr. Ravinder Kumar Sharma, learned counsel, who appears on behalf of respondents on advance service, accepts notice.

Mr. Yogesh 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 26.4.2020 (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. Ravinder Kumar Sharma, 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 26.4.2020 (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.