UNION OF INDIA THE SECRETARY TO GOVERNMENT MINISTRY OF PERSONNEL Vs. REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE second respondent was employed in the school run by the Combat Vehicles Research and Development Establishment (in short CVRDE) at Avadi, Chennai from 26.08.1985 to 26.07.1995 as Clerk and thereafter from 27.07.1995 to 31.08.2001 as Librarian. He lost his employment when the school was closed from 01.09.2001.

(2.) THE second respondent and some other employees of the school approached the first respondent- Central Administrative Tribunal (shortly the Tribunal) by filing a batch of Original Applications in O.A.Nos.440 to 445, 436 and 538 of 2001 questioning the closure of the school. THE Tribunal disposed those Original Applications by a common order dated 26.09.2001 holding that the closure was bonafide. However, the Tribunal recorded the statement of the Department that the Department is preferred to recommend the names of the employees who lost employment due to the closure of the school whenever they applied for any job. THE said statement is recorded by the Tribunal in the following words:

(3.) THE second respondent and one Smt. Saroja filed Original Applications in O.A.Nos.854 and 855 of 2002 before the Tribunal praying for a direction against the first petitioner to include them under the CCS (Redeployment of Surplus Staff) Rules 1990 and to consider them for alternative employment on the basis of their position in the surplus pool. THE said Original Applications were allowed and against which, Writ Petitions in W.P. Nos. 27558 and 27559 of 2004 were preferred and the same were disposed by this Court by a common order dated 04.04.2005. THE order passed in those writ petitions is as follows: