LAWS(DLH)-2018-1-676

SUNITA RAJU Vs. UNION OF INDIA & ORS

Decided On January 16, 2018
Sunita Raju Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) This is an application for review of the order dated 27th Jan., 2017 alongwith the application for stay, application for filing additional documents and condonation of delay of 290 days.

(2.) Before issuing notice on the application for additional documents, application for stay and application for condonation of delay, we have deemed it appropriate to examine the review application on merits.

(3.) The problem faced by the applicants is as a result of the applicants action. Services of fourteen direct recruit Production Assistants appointed in 1984 were terminated on account of malpractices, favourtism and nepotism in selection. The termination order was challenged by the terminated Production Assistants, but they were not successful and the termination orders became final. Nevertheless, the applicants re-engaged the terminated Production Assistants vide order dated 6th Jan., 1994 treating them as a fresh appointees. Benefit of previous service was not to be given for the purpose of seniority. In spite of the afore-stated stipulation in the order dated 6th Jan., 1994, these re-engaged terminated employees were granted benefit of increments by taking into account past service. This resulted in higher salary being paid to these re-engaged employees as compared to their seniors appointed prior to 1994.