G.PALANI Vs. THE REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE challenge in this writ petition is to the order dated 18.06.2013 passed by the Central Administrative Tribunal, Madras Bench in O.A.No. 948 of 2010.

(2.) THE case of the petitioner before the Tribunal was that the petitioner was engaged as casual labour NMR Carpenter by the Public Works Department / second respondent. He worked as daily rated casual employee from 1978 to 1987 with job breaks. Thereafter, he worked as daily rated casual employee from 1987 to 24.02.2005 for other works again with job breaks. Pursuant to the Government Order dated 05.04.1995, the petitioner was granted temporary status. The petitioner joined duty in Group 'D' post of Mazdoor on 03.03.2005. Being aggrieved that the petitioner was not regularized as Carpenter with effect from the initial date of engagement, i.e., on 2.3.1978, the petitioner preferred O.A.No. 460 of 2009 before the Tribunal. The said application was disposed of on 9.6.2009, directing the respondent to consider and decide the representation of the petitioner.

(3.) THE second respondent passed an order on 8.12.2009 on the representation of the petitioner, holding that the engagement of the petitioner from 1978 to 1987 was not continuous and only from 1989, his engagement was continuous. Accordingly, his seniority was fixed as 1292 and thereafter, he was regularized as Mazdoor in the year 2005. Thus, his representation for regularization with effect from the earlier date was rejected. Being aggrieved, the petitioner preferred the present Original Application before the Tribunal.