MINISTRY OF EXTERNAL AFFAIRS Vs. RAJENDER SINGH

JUDGEMENT

(1.) Cav No. 616/2019

(2.) The respondents had preferred the Original Application claiming that two of them joined as cook and tea maker in the departmental canteen run by the Regional Passport Office (RPO), New Delhi in the year 1994. Applicant No.3 joined as a waiter in the same canteen in the year 1997. The said departmental canteen was exclusively meant for the employees and officers of the RPO at New Delhi. The applicants sought regularisation by placing reliance on the decision of the Supreme Court in Uma Devi (supra). In the first round, the Original Application was dismissed by the Tribunal vide order dated 29.05.2015. The said dismissal came about in view of the finding returned by the Tribunal at that stage, that there was no recognised canteen in the RPO prior to 2008, nor it was having any sanctioned post, or recruitment rules, against which the respondent applicants could claim to be appointed on casual/ daily wage basis. The Tribunal, in the said order, had observed:

(3.) The respondents then approached this Court by preferring W.P. (C.) No. 7510/2015. The said writ petition was disposed of on 07.08.2015 with liberty to the petitioners therein to produce relevant documents at the time of the hearing of the Original Application. The petitioners therein were permitted to seek review of the order dated 29.05.2015. The respondent - applicants then filed additional documents, and after considering the same, the Original Application has been allowed by the impugned order.