UNION OF INDIA Vs. RAKESH CHANDRA SHARMA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The petitioners have challenged the validity and correctness of the order dated 14.3.2008 passed in Original Application No.795 of 2004, Rakesh Chandra Sharma and others vs. Union of India and others, passed by the Central Administrative Tribunal, Allahabad (hereinafter referred to as "the Tribunal"). The Tribunal has held that case of the appellant was squarely covered by the decision of the High Court, rendered in Writ Petition No.21577 of 2007, Union of India and others vs. CAT, Allahabad.

(3.) In the aforesaid writ petition the validity and correctness of the order passed by the Tribunal impugned in that case was challenged in which the Tribunal after perusal of the records was of the opinion that the matter therein was covered by the decision of the judgment rendered in the aforesaid writ petition no.21577 of 2007 and that similar controversy in O.A. No.1111 of 2000 was decided by the Tribunal relying upon the decision of the Apex Court wherein it was held that after rendering three years of continuous service, casual labourers with temporary status shall be treated at par with temporary Group 'D' employees in the Department of Posts for the entitlement of the benefits as are admissible to Group ''D" employees on regular basis. After recording the aforesaid findings the court quashed the impugned orders of recovery dated 31.3.2004, 30.4.2004, 28.5.2004 and 25.6.2004 in the Original Application No.1111 of 2000 as illegal. The O.A. aforesaid was accordingly allowed and the respondents were directed to continue to pay the bonus to the employees at the rate specified in the impugned orders therein.