LD SHARMA Vs. UOI

JUDGEMENT

(1.) IN this writ petition preferred under Articles 226 and 227 of the Constitution of INdia, the petitioner has challenged the legal tenability of the order dated 25th May, 2010 passed by the Central Administrative Tribunal, Principal Bench (for short, ,,tribunal) in O.A. No. 2768/2008 whereby the tribunal has declined to extend the benefit of regularization to the petitioner with effect from 12th December, 1977 on the ground that he did not satisfy the requisite criteria at the stage of initial appointment.

(2.) WE have heard Mr. Ashish Nischal, learned counsel for the petitioner and Mr. Akshay Chandra, learned counsel for the Union of India.

(3.) AFTER the said order was received by the petitioner by virtue of which he received the benefit of ACP, the petitioner approached the tribunal with the prayer that he should be regularized with effect from 14th December, 1977. The tribunal placing reliance on the decision in Secretary, State of Karnataka and Others versus Umadevi and Others, (2006) 4 SCC 1 had expressed the view as follows:-