R.CALIDASSE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed against the order passed by the Central Administrative Tribunal, Madras Bench in O.A.No.931 of 2006 dated 13.08.2009.

(2.) The writ petitioner herein was the applicant before the Tribunal and challenged the proceedings dated 02.08.2006 issued by the Chief Engineer, PWD, Pondicherry and consequently sought for a direction to absorb him in the post of Works Assistant/D'Man with effect from 23.10.2003, the date on which the Technical Assistants were absorbed as Works Assistant/D'Man with all other consequential reliefs.

(3.) The case of the petitioner, who was the applicant before the Tribunal is as follows: He joined the service on 02.05.1991 as Technical Assistant and thereafter was deputed to ECR Project in Pondicherry Region along with other regular staff on 11.01.1994. Again he was repatriated to PWD on 28.05.1998. He is a Diploma holder in Civil Engineering. The Technical Assistants working as NMR in the Puducherry Public Works Department were conferred with temporary status along with Grade D staff, even though they were holding Degree or Diploma in Engineering. Therefore, the petitioner is also entitled to such benefit. Similarly situated persons viz., Technical Assistants in the Pondicherry Union Territory approached the Tribunal earlier in the year 1996 and filed O.A.No.1129 of 1996 wherein an order came to be passed on 09.12.1999 directing the respondent/Puducherry Government to absorb the Technical Assistants in equivalent post of D'Man/Junior Engineer etc. However, the case of the petitioner was not considered since he was away in ECR Project. Even though he was repatriated on 28.05.1998, he was not allowed to join as Technical Assistant where he was working prior to the deputation. The post of Works Assistant is equivalent to that of D'Man in the same scale of pay with some duties and responsibilities. Therefore, appointing the petitioner as Mazdoor is against the order of the Tribunal made in O.A.No.1129 of 1996 dated 09.12.1999. Therefore, he approached the Tribunal challenging the order of the respondent therein dated 02.08.2006 as stated supra with consequential reliefs.