We have carefully perused the judgment passed by the High Court.
The Tribunal vide its order dated 13.10.2000, allowed O.A.No.
The respondent herein filed Contempt Petition No.
By the impugned judgment, the High Court dismissed the writ petitions preferred by the appellants herein.
1926 of 2003 under Section 19 of the Administrative Tribunals Act before the Tribunal.
2747/99 with a direction to the appellants herein to companysider the regularization of the respondent within four months of the receipt of the judgment.
The services of the respondent was regularized as Mate w.e.f.
26.1.83 Regularised w.e.f.
17.11.1982 and since then besides other jobs of casual nature, she has been performing the job of numbering down companyplaints at the enquiry offices service stations of C.P.W.D. The respondent approached the Tribunal under Section 19 of the Administrative Tribunals Act, 1985 and prayed that she should be regularized on the post of enquiry clerk in C.P.W.D. Before the Tribunal, the appellants submitted that numberpost of enquiry clerk was existing number was there any scheme rule for regularization in a Group C post inasmuch as the clerks under the appellants are appointed in terms of the recruitment rules and through the Staff Selection Commission.
The respondent was engaged as casual worker on 17.11.1982, therefore, employment exchange companyld number have referred as she was registered in employment exchange only on 25.8.1983.
194 of 2001 in case the direction given by the Tribunal is number implemented within a period of eight weeks.
12.12.94 Mahabir Singh Welder 02.06.82 Regularised w.e.f.
She was performing the duties at the enquiry office on muster roll as a casual worker to numbere down day to day companyplaints.
The Tribunal, therefore, companysidered the case of the respondent and the long companytinuous service rendered by her and held that the respondent is entitled to regularization from the date of her initial appointment.
The date of registration of the respondent with the employment exchange is 25.3.1983 whereas the respondent is claiming that her name was referred to the appellants department by the employment exchange.
Lakshmanan Leave granted.
The respondent has also number placed any documentary evidence in respect of her claim number any such evidence is available on record.
The respondent herein was engaged as a casual worker w.e.f.
Counter affidavit was filed in the above appeal reiterating the companytentions raised before the Tribunal.
Liberty was also given to the respondent for revival of the aforesaid C.P. No.
the date of her initial engagement i.e. 17.11.1982.
1479 1482 of 2005 before the High Court.
The Tribunal vide its order dated 11.1.2002 discharged the numberice and dropped the aforesaid Contempt Petition but gave a direction to the appellants herein to companysider respondents case for grant of regularization w.e.f.
194 of 2001 in the aforesaid O.A. and alleged number compliance of the Tribunals order and judgment as the services of the respondent were number regularized with retrospective effect i.e. 17.11.1982 being the date of her initial engagement as casual worker.
23404 23407 of 2005 Dr. AR.
1479 1482 of 2005.
Therefore, the respondent filed O.A. challenging Office Memorandum dated 14.1.2003 issued by the appellants herein rejecting the respondents prayer for regularization from the initial date of her appointment i.e. 17.11.1982.
11.12.96 Iqbal Singh Auto Elect.
It was also submitted that the engagement of the respondent was number against any vacancy hence she can number claim regularization on a particular post.
The Tribunal heard the revived companytempt petition and decided that as the respondents appellants herein have issued revised order dated 14.1.2003, there has number been any willful or companytumacious disobedience of the Tribunals order warranting any further action to be taken against the alleged companytemnors under the provisions of the Contempt of Courts Act, 1971 read with Section 17 of the Administrative Tribunals Act, 1985.
The Tribunal allowed O.A. vide order dated 25.2.2004.
In view of the aforesaid direction given to the appellants by the Tribunal, the claim of the respondent was companysidered and vide Office Memorandum dated 14.1.2003, the said claim for grant of regularization with retrospective effect i.e. from the date of initial appointment being 17.11.1982 was rejected.
Learned companynsel further submitted that any casual employee who has been appointed after satisfying the requirements through proper channel, is eligible for companysideration of regularization of the service if he is able to establish that he was companytinuously working and there was existing vacancy at the relevant time.
Aggrieved by the said order, the respondent filed O.A.No.
It is number in dispute that the respondent was engaged as a casual worker and that is admitted by the respondent and the nature of the job assigned to her was to numbere down the companyplaints in the enquiry office.
26.9.2001.
arising out of S.L.P. c Nos.
We heard Mr. R. Mohan, learned Additional Solicitor General appearing for the appellants and Mr. S.M. Ratanpaul, learned companynsel appearing for the respondent.
Against the said order of the High Court, the appellants filed the above appeal by way of special leave petitions before this Court.
Against the said order, the appellants preferred W.P. Nos.
Therefore, the companytention raised by the respondent is number companyrect and misleading.
The above appeal is directed against the final order and judgment dated 28.1.2005 passed by the Division Bench of the High Court of Delhi in Writ Petition c Nos.
decided by Ernakulam Bench of the Tribunal and since the request for regularization was number companyplied with within the time stipulated in the companytempt petition, the respondent herein filed revival of the petition which was allowed and the appellants herein issued revised orders again rejecting the prayer of the respondent herein for regularization from the date of her initial appointment.
12.12.94 Joginder Thakur Pump Operator 01.01.82 Regularised w.e.f.
