UNION OF INDIA Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) SOUTHERN Railway and its Officers are the petitioners in the above Writ Petitions. W. P. No. 8173 of 2001 has been filed against the order of the Central Administrative Tribunal, Madras dated 08-01-2001 made in O. A. No. 784/98 wherein the Tribunal directed the Railway administration to consider the case of the applicant for regularisation under the decasualisation scheme. Against the grant of similar directions in O. A. Nos. 648/97 and 371/96, the Railway administration has also preferred W. P. Nos. 1411 and 1417 of 2000.

(2.) HEARD learned counsel for the parties.

(3.) FIRST we shall consider W. P. No. 8173 of 2001. In this case, the second respondent herein, namely, K. Yesudasan filed O. A. No. 784/1998 before the Central Administrative Tribunal, Madras Bench praying for a direction to regularise his service in the scale of Rs. 950-1500 on par with juniors who were regularised in the decasualisation vacancies in the scale of Rs. 950-1500 and grant of all consequential benefits. It is the case of the applicant that he was originally engaged as a casual labourer on daily wage basis. He was subsequently granted temporary status with effect from 11-3-1977 and thereafter he was granted C. P. C scale of pay in scale Rs. 196-232 from casual labourer. He was promoted as C. P. C Looter in the scale of pay of Rs. 950-1500. Previously he was appointed as Gangman with effect from 16-3-89 in the pay scale of Rs. 775-1025. Thereafter, the applicant became a regular railway servant. The applicant was promoted as Senior Gangman with effect from 01-04-89 in the scale of pay of Rs. 800-1150. It is the claim of the applicant that when the department had implemented the scheme of decasualisation of casual labourer, he was excluded from the decasualisation list even though he was senior to many casual labourers, who have been decasualised and empanelled.