SANT RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have filed this writ petition under Article 226 of the Constitution of India to impugn the order dated 22. 02. 2007 passed by the Central Administrative Tribunal, Principal Bench, New delhi in O. A. No. 1519/2006 and M. A. No. 1247/2006, whereby their aforesaid Original Application has been dismissed by the Tribunal by following the decision of the Supreme Court in State of Karnataka and Ors. v. Umadevi and Ors. (2006) 4 SCC 1.

(2.) PETITIONER No. 1, Sh. Sant Ram, was initially appointed as safaiwala on casual basis by the Director on 19. 09. 2003 to work in the National Musueum and continued as such on three monthly spells. On 29. 04. 2004, he was appointed on adhoc basis making it clear to him that his ad hoc appointment shall not confer any right for his regular appointment. The arrangement was a stopgap arrangement and his entry was de hors the recruitment rules, as it was not made through open advertisement or competitive examination. Petitioner no. 2 was also appointed in the same manner as a Cleaner. Both the posts were Group-D posts in the pay scale of Rs. 2500-3200.

(3.) IN the first week of 2005, it appears that there was a move to replace the petitioners. Amrender Kumar i. e. petitioner No. 2 herein, approached the Tribunal by filing O. A. No. 332/2005 to seek a direction against the respondents to treat his appointment as a regular appointment from the date of ad hoc appointment in terms of dopandt OMs dated 26. 10. 1984 and 07. 06. 1988. It appears, petitioner no. 1 herein moved MAN 300/2006 in the said O. A to seek similar relief. That Original Application was disposed off on 28. 09. 2005 by the tribunal on the statement of the respondents that they are willing to consider the said petitioners' application for regularization subject to his fulfilling the requisite number of days, as mentioned in the scheme. Consequently, the Original Application was disposed off by the Tribunal in view of the statement made by the respondents.