LAXMAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONERS by this petition under Article 226/227 of the Constitution of India, arc challenging the order Annexure P -1 dated 6.7.2002 passed by the Laxmihai National Institute of Physical Education, Gwalior, withdrawing the resolution dated 13.11.2001 and 31.8.2001 on the ground that after the orders of regularisation were passed, a number of employees submitted representation/option that employees have been regularised retrospectively from 1985 and 1986 and that it will adversely affect the seniority of the regularised and other permanent employees who arc working in the department since long period of time and that the process of regular is at ion has not been properly done and seniority of the employees has not been properly determined, thus the action taken for regularisation without determining the seniority of employees was ordered to be cancelled, and therefore, process was initiated after fixing the seniority of the daily wages employees working in the Institute. By the said impugned order, the earlier orders of regularisation granting the temporary status have been recalled.

(2.) THE petitioners were initially engaged as daily wages employees in the respondent No.2 -Institute on different dates. The benefit of temporary status of regular pay -scale has been extended to them with effect from 31.8.2001 vide order dated 16.8.2001, Annexure P -6. It is contended by the learned counsel for the petitioners that benefits have been extended to the petitioners in pursuance to the directions issued by this Court in various cases and considering the law laid down by the apex Court in the case of State of Haryana v. Pyara Singh and others [(1992)4 SCC 118]. By the impugned order dated 6.7.2002, Annexure P -1, the decision is taken by the Institute to cancel the orders of regularisation and order of granting temporary status to the petitioners.

(3.) ON the other hand, learned counsel for respondents contended that the impugned order was challenged by the similar petitioners in Writ Petitions No. 1311 of 2002, Ram Swaroop Mudgal and others v. Union of India and others. This Court during the pendency of writ petition granted stay vide order dated 18.7.2002 (Annexure P -7) and thereafter the matter was finally decided by this Court vide order dated 7.2.2006 (Annexure R -1) and opportunity was given to the employees to seek regularization in accordance with the scheme and policies before the respondents. It is also clarified that in case in pursuance to the order of regularization certain monetary benefits have been extended to the petitioners in Writ Petition No. 1311/2002 and Writ Petition No. 1191/05(S), then the said benefit shall not be withdrawn in view of the order of re -regularisation passed by this Court. This Court made the following observations in para 10 and 11 of its order dated 7.2.2006 (Annexure R -1) which reads as under :