LALAN RAI Vs. UNION OF INDIA AND ANR.

JUDGEMENT

(1.) The present petition has been filed by the petitioner, who is aggrieved by the judgment dated 310.2017, passed by the Central Administrative Tribunal dismissing the Original Application filed by him praying inter alia for issuing directions to the respondent No.2/Staff Selection Commission to regularise his services in Group-D with effect from the date his juniors were regularised, alongwith all the consequential benefits. By the impugned judgment, the Tribunal has dismissed the petitioner's O.A. holding that he did not fulfil the twin conditions laid down in the DoPT's Scheme dated 10.09.1993, that became operative from 009.1993 and therefore, he could not claim regularisation from the year 1991, as pleaded.

(2.) It is relevant to note at the outset that this is the fifth round of litigation that the petitioner has initiated based on the same cause of action. The petitioner was engaged as a casual labourer in the SSC in the year 1989- 90 and was disengaged in April, 1993 with directions to report to the Department of Education as a Waterman. Aggrieved by the said decision, the petitioner and some other casual labourers had filed O.A. No.1145/1993, which was decided on 09.01998, with directions issued to the respondents to re-engage them in preference to juniors and outsiders. During the pendency of the said O.A., the petitioner was re-engaged by the respondents in the year 1994 and he continued to work thereafter.

(3.) A second O.A. was filed by the petitioner alongwith some others, registered as O.A. No.2532/1999. The relief prayed for in the said O.A. was for issuing directions to the respondent/Staff Selection Commission to grant them a temporary status and regularise their services with all consequential benefits. Vide order dated 18.05.2001, the said OA was dismissed by the Tribunal on the ground of non-joinder of necessary parties. Pertinently, the petitioner elected not to challenge the aforesaid order.