RAJ KUMAR PANDIT Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue that arises for our consideration in the present writ petition is whether a direction is required to be given to the respondents to regularise the services of the petitioners in the post of Typist which is a promotional post from Group D post.

(2.) The petitioners herein filed an Original Application before the Central Administrative Tribunal, praying for such a direction as aforesaid, which application was disposed of by the Tribunal, holding that there could be no order for regularisation of the petitioners in the post of Typist but a direction was issued to the respondent to screen the petitioners for the purpose of considering them for regularisation in Group D post.

(3.) The petitioners were appointed as Khalasi in Group D Category in 1975 in Northern Railway. Thereafter they were promoted as skilled Khalasi as an Artisan. The services of the petitioners herein were utilised as Typists by the respondent with effect from 18.12.1985 and 1.9.1985 respectively and since then their services are being utilised in the post of Typist. In view of the aforesaid background facts, the petitioners claim that as they have been working as against the posts of Typist since 1985, they are required to be regularised in the said post immediately and accordingly sought for a direction in that regard in the Original Application which was filed before the Tribunal. Similar contention was also raised before us by the Counsel appearing for the petitioners.