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L. Padmaja, W/O. K. Sasidharan Nair, Puthuval Pallivila Veedu, Thiruvananthapuram and Others Vs. Union of India, Represented by the Secretary to Government, Ministry of Defence, New Delhi and Others - Court Judgment

SooperKanoon Citation

Court

Central Administrative Tribunal CAT Ernakulam

Decided On

Case Number

Original Application No. 914 of 2009

Judge

Appellant

L. Padmaja, W/O. K. Sasidharan Nair, Puthuval Pallivila Veedu, Thiruvananthapuram and Others

Respondent

Union of India, Represented by the Secretary to Government, Ministry of Defence, New Delhi and Other

Advocates:

For the Applicants: Mr. B. Raghunathan, Advocate. For the Respondents: Mr. A.D. Raveendra Prasad, ACGSC.

Excerpt:


.....regarding conferring them temporary status and to dispose of them in accordance with rules within a definite time period. 4. learned counsel for the respondents has no objection to the aforesaid course of action suggested by the learned counsel for the applicant. 5. in view of the above, this oa is disposed of with direction to the applicants to make detailed individual representations to the 2nd respondent seeking grant of temporary status followed by regularization under the rules. if such representations are received, the 2nd respondent shall consider them in accordance with rules and dispose of them within a period of 8 weeks, by reasoned and speaking order. 6. with the aforesaid directions the oa is disposed of. there shall be no order as to costs.

Judgment:


By Hon'ble Mr. George Paracken, Judicial Member

The applicants are working as daily wages employees (Casual Workers) in the headquarters of the Southern Air Command, Thiruvananthapuram with effect from 1986 (applicant No. 2), 1989 (applicants Nos. 3and4), 1991 (applicants Nos. 5 and 8), 1992 (applicant No. 7) and 1993 (applicant No. 6). The first applicant was originally appointed as Ayah on 13.8.1986 in the Air Force School, Thiruvananthapuram on a consolidated pay of Rs. 150/- per month. She was terminated from that post and was engaged as casual labour since 1987. They have sought a direction to the respondents to regularize their services in Group-D posts or against any other appropriate posts and to pay the salary and other perquisites to them at full rate like any other similar employees. They have also sought a direction to grant them the temporary status and make the Non-PLB (Ad- hoc bonus) payment.

2. In the 9th paragraph of the OA they have specifically stated that 19 regular vacancies in the post in which they have been working have been sanctioned by the Government and instead of regularizing them in service against those posts the respondents are going to fill them through fresh candidates.

3. When the matter was heard initially we had directed the respondents' counsel to take instructions with regard to the submissions of the applicants regarding availability of 19 posts as mentioned above. Today when the matter was taken up, learned counsel for the respondents stated that at present there are no vacancies available with the respondents' department. The learned counsel for the applicants has submitted that the applicants are prepared to make individual representations to the respondents pointing out the above facts. He has also submitted that they will be satisfied if a direction is given to the 2nd respondent to consider their representations regarding conferring them temporary status and to dispose of them in accordance with rules within a definite time period.

4. Learned counsel for the respondents has no objection to the aforesaid course of action suggested by the learned counsel for the applicant.

5. In view of the above, this OA is disposed of with direction to the applicants to make detailed individual representations to the 2nd respondent seeking grant of temporary status followed by regularization under the rules. If such representations are received, the 2nd respondent shall consider them in accordance with rules and dispose of them within a period of 8 weeks, by reasoned and speaking order.

6. With the aforesaid directions the OA is disposed of. There shall be no order as to costs.


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