UNION OF INDIA AND ORS Vs. SHEELA DEVI

JUDGEMENT

(1.) The petitioners/Department of Posts, Ministry of Communication and Information Technology have challenged an order dated 07.02.2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, allowing O.A. No.4129/2013 filed by the respondent praying inter alia for regularisation against a Group D post/MTS Cadre with effect from the date when she was granted temporary status with all consequential benefits, including retiral benefits from the date of her superannuation, i.e., 312.2012. Under the impugned order dated 07.02.2017, the Tribunal directed the petitioners to conduct a review of the minutes of the DPC held on 26.08.2013, vis-a-vis the respondent and if found fit, give her the benefit of regularisation at par with her junior, Smt. Indra, alongwith consequential retiral benefits.

(2.) Dr. Bhardwaj, learned counsel for the petitioners states at the outset that the captioned O.A. was initially allowed by the Tribunal by a detailed order dated 28.05.2015. However, the petitioners filed a review application (R.A. No.185/2015), which was allowed as the Tribunal accepted the submission made on behalf of the petitioners that there was an error apparent on the face of the record. Accordingly, vide order dated 27.01.2016, the O.A. was restored for a fresh adjudication. Pursuant thereto, the impugned order came to be passed.

(3.) A reference to the brief facts of the case is considered necessary. The respondent was appointed with the petitioners as a Part Time Farash w.e.f. 16.07.1980; she became a Full Time Farash w.e.f. 01.06.1997 and was granted temporary status w.e.f. 01.06.1998. On the respondent completing three years of service with temporary status, w.e.f. 01.01.2001, she was granted benefits at par with regular Group-D employees, in terms of the letter dated 30.11.1992, issued by the ADG (SPN), Department of Posts, New Delhi. The said facilities included leave, holidays, insurance, GPF, LTC, bonus etc. Insofar as retiral benefits were concerned, the letter dated 30.11.1992 clarified that pension and other retiral benefits would be payable to persons like the respondent herein only upon their regularisation.