UNION OF INDIA & ORS Vs. BASANT KUMAR

JUDGEMENT

(1.) The petitioner/Director General, CGHS has filed the present petition being aggrieved by an order dated 19.12.2017, passed by the Central Administrative Tribunal, Principal Bench, New Delhi, allowing OA No.4578/2015 filed by the respondent, who was serving as a casual labour/Waterman with the petitioners, directing them to process his case for regularization from the date his juniors had been regularized.

(2.) The case has a chequered history. Prior to filing OA No.4578/2015, in the year 1999, the respondent had filed OA No.2124/1999 being aggrieved by his disengagement on the part of the petitioners. The said Original Application was disposed of by the Tribunal vide order dated 18.02000 with directions to the petitioners that as and when they engage casual labourers either as Watermen or in any other job of that nature, if the respondent herein was otherwise found to be suitable and eligible, his case should be considered in preference to the juniors and outsiders, without insisting upon further sponsorship by the Employment Exchange.

(3.) Pursuant to the aforesaid order, the respondent was duly engaged by the petitioners whenever work was available. During this period, the respondent made representations to the petitioners seeking his regularization on the ground that he had initially being engaged in the year 1992 as a Waterman and subsequently engaged over several years, till he had been disengaged on 30.09.1999, whereafter he had been re-engaged pursuant to the Tribunal's order in OA No.2124/1999.