LAWS(DLH)-2013-8-107

UNION OF INDIA Vs. JAI PRAKASH

Decided On August 14, 2013
UNION OF INDIA Appellant
V/S
JAI PRAKASH Respondents

JUDGEMENT

(1.) THE present petition lays a challenge to an order dated August 11, 2011 passed by the Central Administrative Tribunal allowing OA No. 3020/2010 directing the petitioners to offer a Group D post to the respondent with all consequential benefits except back-wages. The respondent had staked a claim to be appointed to a Group 'D'

(2.) IN view of a circular dated November 17, 1983 issued by the Ministry of Post & Telegraph granting certain concessions to Extra Departmental Agents (EDAs) and Daily Rated Mazdoors (DRMs); to be granted regular appointment in Group 'D' post, and one of which was for outstanding performance in the field of sports. As per the policy, EDAs and DRMs who had represented the region at a All India P&T Competition for three consecutive years or had represented the All India P&T Team in National Championships were eligible to be made permanent in a Group D post.

(3.) IT has been the consistent case of the respondent that he had worked as a Daily Wage Waterman under the Post & Telegraph Department from October 01, 1997 till April 30, 2000 and thereafter as an ED Substitute from July 04, 2001 till July 15, 2002 and had represented the Post & Telegraph Department in the National Competition from the year 1998 till the year 2002 in the sports of wrestling and thus would be entitled to the benefit of the circular dated November 17, 1983. His grievance was of being disengaged from service by a verbal order on April 30, 2002.