UNION OF INDIA Vs. BHANU MEPA

JUDGEMENT

(1.) THE petitioners Union of India and others have challenged in this petition the impugned judgment and order (Annexure -A) dated 10.12.2004 passed by the Central Administrative Tribunal, Ahmedabad Bench at Ahmedabad ( for short "Tribunal") in O.A. No. 23/2004 as well as subsequent order dated 6.6.2005 passed by the learned Tribunal in Review Application No. 20/2005 in O.A. No. 23/2004.

(2.) MS . Jani for the petitioners submitted that respondent original applicant worked as Casual Labourer, in all, for 343 days from 13.8.1976 to 19.8.1982 during the period of more than 6 years. In August 1982, he was found medically unfit for B -1 category. Thereafter, for the first time, he approached the learned Tribunal in 1994 by filing O.A., wherein, the learned Tribunal directed the original applicant to make representation by its order dated 1.8.1995. There was a delay in filing the representation, which could be filed only on 20.3.1998 by the applicant. The same was rejected by the Authority on 6/11.5.1998. Thereafter, he filed O.A. No. 864/1998 challenging the decision of the Authority, which was partly allowed on 21.2.2000. Lastly, he filed O.A. No. 23/2004 which was disposed of by the learned Tribunal with a direction to the present petitioners to place the case of the original applicant for screening before the Screening Committee, if not placed so far, and on the Screening Committee recommending him for alternative category under the relaxed medical standard to consider giving him alternative employment as casual labour as per his turn in the list of medical de -categorized casual labourer. The same is challenged in this petition by the present petitioners under Article 226 and 227 of the Constitution.

(3.) HAVING heard learned counsel Ms. Jani for the petitioners and Shri PH Pathak for the original applicant, we are of the considered opinion that no interference is called for in the present petition.