Original Application No.1283 of 2013. Case: Rishi Pal Sharma Vs Union of India. Central Administrative Tribunal
| Case Number | Original Application No.1283 of 2013 |
| Counsel | For Appellant: V.B. Yadav and For Respondents: N.P. Singh |
| Judges | Jasmine Ahmed, Member (J) |
| Issue | Administrative Tribunals Act, 1985 - Section 19 |
| Judgement Date | July 02, 2014 |
| Court | Central Administrative Tribunal |
Order:
Jasmine Ahmed, Member (J), (Allahabad Bench)
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Heard Shri V.B. Yadav, learned counsel for the applicant and Shri N.P. Singh, learned counsel for the respondents.
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By way of this original application filed under section 19 of Administrative Tribunals Act 1985, the applicant has prayed for the following reliefs:
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To regularize the applicant on the post of Security guard accordingly circular dated 14.03.1995 issued by the Indian Council of Agricultural Research Krishi Bhawan, New Delhi (Annexure No. A-1 with Compilation No.-1)
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To pay the differential amount to the applicant from due date of the regularization till now.
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To issue any other suitable, order or direction which this Hon'ble Court may deem fit and proper according to the circumstances of the case.
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To award cost of the petition throughout.
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The brief facts of the case is that the applicant was appointed in the year 1988 as a Casual Security Guard by the respondent no. 2 for working in the office of the respondent no. 3. The applicant has worked in the office of the respondent no. 3 as a Security Guard since 12.09.1988 to 21.10.1988. The applicant again reengaged on 24.10.1988, and worked till 2.12.1988. He was again reengaged from 15.03.1990, and worked till 23.04.1990 like that the applicant worked till 15.08.1993 by multiple spells with technical breaks. After 15.08.1993 the applicant was never reengaged on the post of Security Guard and in this eventuality, he submitted an application dated 18.08.1993 before respondent no. 2 for reengagement to the post of Security Guard. After that on 26.12.2003 the applicant preferred a representation to be regularized to the post of Security Guard and requested that he should not be removed from the post of Security Guard. He even contends that similarly situated several Casual Security Guards who were working with the applicant in the office of respondent no. 3 has been regularized by circular no. 24-15/93, dated 23.11.1994, which was issued by the Indian Council of Agricultural Research Krishi Bhawan, New Delhi on 14.03.1995. The counsel for the applicant also states that one Gorinder Pal Singh, who was junior to the applicant was appointed as a Casual Security Guard in the year 1991 has been regularized by the respondents. After that the applicant has made several representations before the respondents latest by 5.06.2013.
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Shri N.P. Singh, learned counsel for the...
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