UNION OF INDIA AND ANR Vs. CHARAN SINGH

JUDGEMENT

(1.) The petitioners/Northern Railways are aggrieved by the judgment dated 08. 04. 2015, passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O. A. No. 1432/2010, filed by the respondent praying inter alia for issuing directions to declare the results of his screening which was held in the year 1985 and for regularization to the post of a Safai Karamchari, the results whereof were declared in the year 1987 and if the respondent had made the grade, he be regularized with effect from the year 1987 alongwith all consequential benefits, at par with those who were similarly placed as him. Additionally, the petitioners have assailed the order dated 3. 1 2017 whereby the Tribunal has dismissed their review application (R. A No. 253/2016) against the judgment dated 08. 04. 2015.

(2.) This is the second round of litigation between the parties. The respondent had approached the Tribunal in the year 2010 by filing O. A. No. 1432/2010 for the same relief. The said O. A. was however dismissed by the Tribunal vide order dated 03. 1 2010, solely on the ground of delay and laches.

(3.) Aggrieved by the aforesaid dismissal order, the respondent had filed a writ petition in the High Court registered as W. P. (C) No. 8031/2012, which was allowed by a Division Bench vide order dated 12. 02. 2013, observing inter alia that the Tribunal had erred in concluding that the respondent had belatedly sought legal recourse against his non-regularisation w. e. f. 14. 09. 1987, when other Safai Karamcharies were screened for purposes of regularization. Noting that the respondent was admittedly facing major departmental proceedings, which came to an end on 28. 01. 2008, when the said proceedings were finally dropped, the Division Bench held that it could not be stated that his claim was stale, when the respondent had approached the Tribunal for relief within a reasonable time therefrom.