UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE

JUDGEMENT

(1.) The brief facts of this case are that the respondent No. 2 has worked as a casual labor with the Railways and his name finds place in the 'Live Register' of the casual laborers maintained by the Railways. The matter regarding regularization of casual laborers was considered by the Railway Board. By its communication dated 11.5.1999, all the General Mangers of the Divisions of the Indian Railways were required to prepare the list of casual laborers from the 'Live Register/Supplementary Live Register' as on 1.4.1999. This was done so in order to enable the regularization of the casual laborers. The name of the respondent No. 2 was there in the muster roll of the casual laborers but still his case for regularization was not considered by Jhansi Division of the Indian Railways. He thus filed an Original Application before the Central Administrative Tribunal, Allahabad, which was disposed of with the direction that his representation be considered. By order dated 1.5.2009, the representation of the respondent No. 2 was rejected on the ground that he was over age as on the date when his application was considered in September, 2001. Challenging the said order, the respondent No. 2 filed Original Application No. 1421 of 2009, which has been allowed vide order dated 27.11.2009. Aggrieved by the said order, this writ petition has been filed.

(2.) We have heard Sri A.K. Roy, learned counsel for the petitioner as well as Sri Rakesh Kumar Shukla, learned counsel appearing for the contesting respondent No. 2 and have perused the record. Pleadings between the parties have been exchanged and with their consent, this writ petition is being disposed of finally at the admission stage.

(3.) The case of the petitioner-Union of India is that the date of birth of respondent No. 2 being 5.7.1957, he was clearly over 43 years of age when his application was considered in the year 2001-02 and he was thus found ineligible for considering of regularization on the ground of being over age. The Tribunal has however considered the circular/letter of the Railway Board dated 11.5.1999 wherein the direction was to provide the list of casual laborers as on 1.4.1999 and on that ground the Tribunal has held that since on the cut off date i.e. 1.4.1999 the applicant was within the age of 43 years, his case for regularization should be considered, treating him to be as within the prescribed age limit.