ADARSH KUMAR Vs. M C D

JUDGEMENT

(1.) The petitioner, Adarsh Kumar has challenged the order dated 10th August, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in T.A No.343/2009 titled Adarsh Kumar v. MCD dismissing his petition seeking regularization/confirmation as Lift Operator with effect from 1st April, 1982 instead of as Electric Beldar. The petitioner has contended that he was initially working as Beldar on daily wage basis and he was regularized as Khalasi with effect from 1st April, 1982. According to him, from 1982 to 1985 he was made to work on the post of Lift Operator on muster roll basis and he was shown as Lift Operator at serial No.17 in the seniority list issued on 3rd August, 2005 and his name had also figured at serial No.10 in the final list issued on 28th April, 2006.

(2.) The claim of the petitioner was declined on the ground that regularization of the petitioner on the post of Lift Operator cannot be accepted as he did not possess requisite qualification for the post of Lift Operator at the time of regularization.

(3.) Regarding the seniority list issued on 3rd August, 2005 and 28th April, 2006, it was noticed that the categories of different employees were mixed up leading to various conflicting seniority list which were withdrawn and subsequently a corrected Separate seniority list for each category was issued.