UNION OF INDIA Vs. R SELVARAJ

JUDGEMENT

(1.) THE Postal Department has filed this writ petition challenging the order passed by the second respondent in O.A.No.790 of 2008 dated 18.09.2009, whereby and whereunder, the claim made by the first respondent for retrospective regularization of his service in the cadre of Driver with effect from 25.05.1982, was allowed.

(2.) THE first respondent, who was working as a Jeep Driver in the Office of SSPO, Dindigul Division, from 25.05.1982 was appointed on a Time Scale in the newly created post on 08.03.1988, and he was given Grade II promotion with effect from 30.01.2009. He made an application to the petitioner seeking to regularize his service from the date of initial appointment as a driver on casual basis on par with the other drivers, who were working in various places.

(3.) THE Tribunal, on consideration of the facts and circumstances, came to the conclusion that since the first respondent is a similarly situated person like the other two drivers working in the other divisions, the rejection of his application on the ground that as per law, individual judgments of the Central Administrative Tribunal were applicable only in respect of the particular applicants and not to all, was a clear case of discrimination. Accordingly, the original application was allowed with a direction to the petitioner to regularize the service of the first respondent from the date of his initial entry into service, as has been done in the case of persons cited supra.