LAWS(MAD)-2004-6-24

UNION OF INDIA Vs. M KANNAIYA

Decided On June 21, 2004
UNION OF INDIA Appellant
V/S
M.KANNAIYA Respondents

JUDGEMENT

(1.) The Union of India is the petitioner in this writ petition. The challenge is to the common order of the Central Administrative Tribunal dated 05.12.2003 in O.A.Nos.212 to 216 of 2003 in and by which, the Tribunal had granted the following relief in Para-10:

(2.) For better appreciation of the controversy involved, a brief facts are required to be stated. The respondents 1 to 17 were all employed as casual workers in the Regional Passport Office,Madras. Nine out of 17 contesting respondents herein, earlier filed O.A.Nos.394 and 399 of 1995, challenging the order of disengagement and seeking regularisation as Lower Division Clerks in the same office with effect from the date of initial engagement with all consequential reliefs. It requires to be stated that the other contesting respondents herein were indisputably were similarly placed like that of those nine applicants. The said O.A.Nos.394 and 399 of 1995 was disposed of by the Tribunal by its order dated 22.06.1995, wherein the Original Applications came to be allowed to the limited extent by giving certain directions. It would be relevant to extract those directions for our present purpose which are to the following effect:

(3.) Aggrieved against the order of the Tribunal dated 22.06.1995, the applicant therein went before the Honourable Supreme Court by way of Special Leave to Appeal in SLP(Civil).Nos.24535 to 24536 of 1995 and the Honourable Supreme Court was pleased to dismiss those SLPs in its order dated 13.11.1995. Earlier orders of the Tribunal dated 22.06.1995 in O.A.Nos.394 and 399 of 1995 thus became final and conclusive. Thereafter, those applicants filed contempt applications in CA.No.24 of 1996 before the Administrative Tribunal, wherein the Tribunal while ordering notice to the respondents and posting the same for hearing on 03.03.1997 was pleased to observe as under in Para-3: