UNION OF INDIA Vs. GOPI

JUDGEMENT

(1.) BY consent of both the parties the matter is taken up for final disposal. We have gone through the order of Central Administrative Tribunal in O.A. No.267 of 2011 dated 09.02.2012 and also order dated 15.05.2012 in M.A. No.420 of 201 in R.A. No.25 of 2012 in O.A. No.267 of 2011.

(2.) THE petitioners before us were respondents before the Tribunal. The respondent herein admittedly was a 'seasonal Khalasi' initially i.e. in the year 1987. On earlier occasion also he approached the Tribunal by filing O.A. No. 267 of 2011 seeking regularisation of his status as a regular Khalasi instead of temporary Khalasi, as persons similarly placed were regularised with effect from 1997. At that point of time, the Tribunal after taking into consideration the relevant facts and circumstances proceeded to grant the following reliefs:

(3.) APPARENTLY , the respondent was engaged as a seasonal Khalasi and he got regular appointment with effect from 13.04.2005. The grievance of the respondent applicant before the Tribunal was, he was entitled for such regularisation on par with other similarly placed Khalasies right from 1997. However, the Tribunal in the present Original Application has considered the case of the respondent applicant only with effect from 01.08.2000, but rejected the claim from 1997. This claim of the respondent for regularisation with effect from 1997 was not challenged by the respondent applicant. The claim of the petitioners herein is, regularisation of applicant has to be in terms of the Scheme proposed by the Department. We cannot accept this stand of the petitioners for the simple reason that in the earlier round of litigation the seniority list had to be prepared and Khalasies have to be appointed against workcharged posts without reference to any of the Scheme including the revised scheme. All these issues have reached finality as the Original Petition filed by the petitioners came to be dismissed.