DHIYAN SINGH Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) THE petitioner has challenged the order dated 28th November, 2007 passed by the Central Administrative Tribunal, Principal Bench in O.A.No.2368 of 2006, titled as 'Dhiyan Singh v. Union of India through The Chairman, Railway Board & others', dismissing the application of the petitioner seeking quashing of the order dated 12.4.2005 declining absorption/regularization of the petitioner and also declining the relief for relaxation of age for the purpose of granting appointment in regular Group D service.

(2.) THE petitioner had contended that he was engaged as a Casual Labour, Gangman in Civil Engineering Department of Moradabad Division on 26th august, 1978. He alleged that he completed 298 days of work on 14th January, 1985 with artificial breaks. The petitioner was, however, discharged on completion of work.

(3.) THE petition was contested before the Tribunal by the respondents contending, inter -alia that no person junior to the petitioner has been re -engaged as a casual labour in the Unit of PWI/Hapur and that the name of the petitioner at serial No.28 in the Live Casual Labour Register only entitled him for re -engagement, but that does not entitle him for appointment to the regular post of Group D service. According to the record of the respondents, it was asserted that his date of birth is January 1, 1960 and he was over 47 years, whereas as per instructions, contained in relevant notification the candidates of Scheduled Caste/Scheduled Tribe Category could be re -engaged up to the age of 45 years and since the petitioner was 47 years, he was not eligible even for re -engagement. Relying on Railway Board's instructions dated November 27, 2001, it was contended that the recruitment to all Group D posts was to be done by Railway Recruitment Board only, and therefore, the name of the petitioner could not be screened.