LAWS(DLH)-2011-7-78

RAJENDER SHARMA Vs. GOVERNMENT OF INDIA

Decided On July 05, 2011
RAJENDER SHARMA Appellant
V/S
GOVERNMENT OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner has challenged the order dated 25th July, 2006, passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.1731/2005 titled as `Sh.Rajender Sharma v. Government of India', dismissing the original application of the petitioner seeking quashing of order dated 26th July, 2005 whereby the services of the petitioner were terminated with all consequential benefits and the relief to regularize the petitioner to the post of Lower Division Clerk (LDC) from 10th May, 1996 was also declined and the original application was dismissed.

(2.) WHILE considering the pleas and contentions of the petitioner, the Tribunal had noted that the appointment of the petitioner was not made according to rules or regulations or by following any selection process. It was also considered that the appointment was based on a discussion and the petitioner was appointed from a back date. The Tribunal inferred that the appointment of the petitioner was contractual and there had been no change in his status. The contract of the petitioner had ended amicably on 31st March, 1989 after four years in terms of respondent's notice dated 10th March, 1989. The petitioner had however, continued till 26th July, 2005.

(3.) NO one is present on behalf of the petitioner. Perusal of the record reveals that no one was present on behalf of the petitioner even on 25th August, 2005, however, no adverse order was passed against the petitioner in the interest of justice and the matter was posted for 16th NOvember, 2009.