UNION OF INDIA Vs. C.B.LALITHAKUMARI

JUDGEMENT

(1.) The respondents in OA No.685/2018 are the petitioners herein viz., the Union of India and its officers and they are challenging order dated 3/10/2019 by which the Central Administrative Tribunal, Ernakulam Bench has allowed the Original Application and directed that the applicant, respondent herein, should be absorbed and regularized in service w.e.f. 1/6/1987.

(2.) The short facts of the case would indicate that the applicant contended that she was initially appointed as an Estate Clerk in the office of the official liquidator, High Court of Kerala on 1/3/1984 and thereafter she continued to work in the said office as a regular employee. The applicant along with certain others filed OP No.9732/1990 before the High Court seeking for a relief to absorb them as regular employees from the date of their initial appointments. By judgment dated 27/8/1993, this Court directed to absorb the petitioners therein as regular Lower Division Clerks in the office of Regional Director, Department of Company Affairs from the date of their respective appointments as Estate Clerks. It was further directed to grant them benefits of pay fixation and all admissible allowances, arrears of salary etc. The matter was taken up before the Apex Court which resulted in judgment dated 27/8/1999 in CA No.5642/1994. The Apex Court having observed that the orders of the High Court does not call for any interference, dismissed the appeals. However, at paragraph 25 of the judgment, it is stated as under:-

(3.) Pursuant to the aforesaid direction at paragraph 25, the applicant was given appointment w.e.f. 8/5/2000 in the office of Registrar of Companies, Bangalore as a fresh hand with minimum pay scale of Lower Division Clerk. She was promoted as Upper Division Clerk on 20/6/2011 and retried from service on 31/3/2017. Out of the 14 petitioners in OP No.9732/1990, 9 of them were not absorbed in service. They filed OA No.249/2002 before the Tribunal and the Tribunal directed them to be absorbed in service from the date of their initial appointment placing reliance on the judgment in OP No.9732/1990. The said order was challenged by filing WP(C) No. 22810/2004, which came to be dismissed as per judgment dated 28/2/2008. The respondents filed Civil Appeal No.5564/2010 before the Apex Court, which resulted in judgment dated 16/5/2017. The Apex Court did not interfere with the order passed by the Tribunal and the High Court. However, the following order came to be passed:-