UNION OF INDIA AND ORS. Vs. A. VASANTHAKUMAR

JUDGEMENT

(1.) We have heard the learned Senior Panel Counsel for the Central Government.

(2.) The respondent, who belongs to the category of multi - tasking staff in the Postal Department, filed OA No. 524 of 2009, seeking different reliefs in view of his claim that he was entitled to be earmarked against the year 2002 itself or at least with effect from 03/06/2003, the date on which his immediate senior was appointed. Through that original application, he sought different reliefs, including a declaration to the aforesaid effect and also consequential benefits, including pension and that he is eligible to be regularised with effect from 2002.

(3.) The aforesaid OA No. 524 of 2009 was allowed by the Tribunal as per Annexure - A1 in Ext. P1 after holding that the applicant was entitled to the relief with effect from the date of occurrence of the vacancy in 2002. Accordingly, the Tribunal declared that the applicant is eligible for appointment as Group - D, notionally with effect from the date of occurrence of the vacancy. Having regard to the nature of the plea raised by the establishment before us, we think that it is apposite to quote paragraph 11 of Annexure - A1 order in OA No. 524 of 2009. It reads as follows: