SICILY K.N. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is the applicant in O.A.No.213/2008. Original Application No.213/2008 was filed for a direction to the respondents to provide the applicant second financial upgradation under ACP Scheme with effect from 17/03/2001 and to quash Annexures A7 and A9. The petitioner also sought for a direction to the 2nd respondent to regularise the casual service of the applicant as clerk from 17/03/1977 till date of regularisation as has been done in the case of similarly situated persons.

(2.) THE facts of the case disclose that the petitioner has joined service as LDC on casual basis on 17/03/1977 and was absorbed against regular vacancy of LDC on 07/10/1980 and she was granted second financial upgradation with effect from 07/10/2004 on completion of 24 years of service from the date of absorption. It is her case that since she joined service on 17/03/1977 as LDC on casual basis with intermittent technical breaks and was converted as temporary LDC with effect from

(3.) BEFORE the tribunal, the respondents objected to the application by contending that in respect of the petitioner there were intermittent breaks of more than 30 days and up to 30 days the department had taken a decision to condone the period of break. In so far as the petitioner is concerned, there was more than 274 days break in one spell and when it relates to a casual service the same could not be regularised by condoning the breaks. In that view of the matter, according to them, regularising the service of the petitioner with effect from 07/10/1980 is justified.