UNION OF INDIA Vs. SHYAM LAL SHUKLA

JUDGEMENT

(1.) The Union of India through the Ministry of Communication, Department of Post has filed the present writ petition against the judgment and order dated 28th July, 2009 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter referred to as Tribunal) in Original Application No. 1626 of 2005 filed by the respondent no.1, Shyam Lal Shukla.

(2.) The brief facts leading to the instant petition are that the respondent no.1 was engaged as Contingency Paid Chowkidar "Sahson" Sub. Post Office district Allahabad in the year 1982.

(3.) The initial engagement of respondent no.1 is on the record as Annexure-1 to his Original Application filed before the Tribunal and it has been issued in terms of Rule 267 of Posts and Telegraph Financial Hand Book, Volume-1, Second Edition. It is dated 10.4.1982 and bears signature of respondent no.1 as Relieving Officer. Respondent no.1 asserts that the engagement was against a vacant post. Annexure-2 of Original Application is communication dated 2.1.1992 wherein respondent no.1 has been treated to be "full time C.P.Employee of Postal Department" and has been conferred temporary status w.e.f. 29.11.1989. It goes on to say that respondent no.1 and some other similarly situated Employees will get all the benefits mentioned in the Director's letter dated 12.4.1991. In compliance thereof the respondent no.1 was extended all the benefits of regular employee such as DA, ADA, Leave entitlement, Maternity Leave, HRA, Bonus, Medical facility, Insurance Scheme and G.P.F.