LAWS(DLH)-2011-1-429

UOI Vs. SNEH LATA

Decided On January 24, 2011
UOI Appellant
V/S
SNEH LATA Respondents

JUDGEMENT

(1.) By this writ petition preferred under Articles 226 and 227 of the Constitution of India, the Petitioners have called in question the legal propriety of the order passed by the Central Administrative Tribunal (for short, the tribunal) in M.A. No. 2390/2010 whereby the Respondent No. 1 had sought revival of contempt petition on the foundation that the tribunal in O.A. No. 2208/2004 vide order dated 31st August, 2006 had lanceted the order dated 3rd September, 2004 rejecting the prayer regularization of the Respondent and issued certain directions for her regularization. On a perusal of the order passed by the tribunal, it is noticeable that the tribunal after referring to the said order has held so:

(2.) The singular question that emanates for consideration is whether the Respondent No. 1 should be regularized from 1986. To appreciate the said issue, it is imperative to travel in a time machine for the simon pure reason that the Respondent No. 1 had approached the tribunal in O.A. No. 1246/1988 which was decided on 31st January, 1994. The tribunal in paragraph 3 of the said decision had directed as follows:

(3.) Be the is it may, that the act of dissolving this matter in the year 1991 and the Petitioner has continued to serve those years satisfactorily, justice and equity do merit appropriate direction being is having regard to the special facts and circumstances of this case. The Petitioner is now age barred. The obviously believed that she would succeed in this case and did not take the test in the meanwhile. At the same time, interest of the administration must be safeguarded to the extent of mouring that they have the services of a person who has the request to competence to discharge the responsibilities of the post bearing these considerations in mind, as consider it appropriate to issue directions to the Respondents as follows: