VASUDEV Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition challenges an order dated 1st November, 2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ("CAT"), dismissing the Petitioner's OA No. 349/2016, whereby he had sought the relief of a declaration that the Clause/Condition No. 17 of the Office Memorandum ("OM") dated 18th November, 2014 was arbitrary and illegal. He also sought for a direction to the Respondents to grant pension to him as per the provisions of the CCS (Pension) Rules, 1972 ("CCS Pension Rules"), along with all consequential benefits, by accounting for the services rendered by him from 4th February, 1985 onwards.

(2.) The short question that arises for the consideration of this Court is whether the Petitioner is entitled to be regularised with effect from the date of the filing of his earlier OA No. 2410/1997 which was allowed by the CAT on 17th August, 1998 directing the Respondents to consider the prayer of the Petitioner for regularisation in the post of Mason, in the Central Public Works Department ("CPWD"). The said order was affirmed by this Court on 15th July, 2010 dismissing the Respondent's W.P.(C) No. 5107/1999.

(3.) The background facts are that the Petitioner was engaged as a Mason on hand receipt/muster roll basis in the CPWD with effect from 4 th February, 1985. He was to be conferred temporary status under the casual worker's scheme of 1993 with effect from 1st September, 1993, and was not given the status of a regular employee.