UNION OF INDIA Vs. CENTRAL ADMININSTRATIVE TRIBUNAL

JUDGEMENT

(1.) This writ petition has been filed by petitioners challenging the order of the Tribunal passed in O.A.No.569 of 2017, dtd. 11/8/2022.

(2.) Heard Mr.R.Syed Mustafa, learned Special Government Pleader (Pondy) appearing on behalf of the petitioners and Mr.Karthik Rajan, learned counsel appearing on behalf of the second respondent.

(3.) Mr.R.Syed Mustafa, learned Special Government Pleader (Pondy) appearing on behalf of the petitioner would submit that the second respondent herein had been engaged as a daily rated Driver in the year 1987 and was offered a regular post of Helper in the year 1999. Accepting the offer, he had also joined the duty on 1/6/1999 and was made permanent in the post of Helper with effect from 1/6/2001. Particulars were called for absorption of daily rated drivers working in the Government of Pondicherry as regular drivers and 9 people who were found eligible were issued with orders of appointment. During that relevant point of time, the name of the second respondent was not sponsored by the Agriculture Department as he was already holding a post of Helper on regular basis. As he was not absorbed as a Driver, the second respondent had moved the Central Administrative Tribunal, wherein by order dtd. 7/4/2005, the second respondent was directed to be absorbed as a Driver LMV Grade-III with effect from 17/10/2003 and decide the seniority in accordance with the Rules.