REGIONAL DIRECTOR CENTRAL REGION Vs. ARVIND KUMAR

JUDGEMENT

(1.) Writ Petition No. 4911 of 2002 arise out of orders dated 6.9.2000 and 9.7.2000 (Annexures-1 and 2 respectively to the writ petition) passed by the Central Administrative Tribunal (hereinafter referred to as the Tribunal) in O.A. No. 137 of 1993 ; whereas Writ Petition No. 4912 of 2002 arises out of orders dated 6.11.2000 and 21.8.2001 (Annexures-1 and 2 respectively to this writ petition) passed by the Tribunal in O.A. No. 779 of 1992.

(2.) The respondent Nos. 1 and 2 in Writ Petition No. 4911 of 2002 approached the Tribunal against the termination order dated 20.5.1992. These two respondents along with one Bachchan Yadav (respondent No. 1 in Writ Petition No. 4912 of 2002) were appointed as Assistant Instructors by the appointment letters dated 24/25.2.1992 and their termination order is dated 20.5.1992. At this stage, it is also relevant to state here that Sri Bachchan Yadav had also filed O.A. No. 779 of 1992 which was allowed for the reasons given in O.A. No. 137 of 1993. Besides Arvind Kumar and Km. Madhuri Gupta (respondent Nos. 1 and 2 in Writ Petition No. 4911 of 2002) and Bachchan Yadav (respondent No. 1 in Writ Petition No. 4912 of 2002), one Kamrul Hasan was also appointed as Assistant Instructor. Sri Kamrul Hasan was initially working as Chowkidar before his appointment as Assistant Instructor. However, in the case of Kamrul Hasan, he was reverted to the post of Chowkidar by the order dated 20.5.1992. Sri Karnrul Hasan filed O.A. No. 751 of 1992, which was allowed by the Tribunal by the order dated 9.2.1993. The special leave petition against the said order has been dismissed by the Supreme Court by judgment dated 18.1.1995.

(3.) When the aforesaid two O.As., one filed by Arvind Kumar and Km. Madhuri Gupta, being O.A. No. 137 of 1993 and O.A. No. 779 of 1992, filed by Bachchan Yadav came up for hearing before the Tribunal, the Tribunal followed the judgment given in the case of Kamrul Hasan and allowed the claims of Arvind Kumar, Km. Madhuri Gupta and Bachchan Yadav in O.A. No. 137 and O.A. No. 779.