UNION OF INDIA Vs. GANGA RAM

JUDGEMENT

(1.) The Union of India and others have filed the instant petition challenging the order dated 11.11.2011 (Annexure P3) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') whereby O.A. No.93/PB/2011 filed by Ganga Ram (respondent No.1 herein) has been allowed and the petitioners have been directed to grant wages of casual full-time Chowkidar to respondent No.1 (however, the arrears have been restricted to three years prior to the filing of the Original Application) and further to consider his case for regularization against sanctioned post whenever became available as per his seniority, in terms of the Instructions dated 11.12.2006 issued by the Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) on the basis of the judgment rendered by the Supreme Court in the case of Secretary, State of Karnataka and others Versus Umadevi and others, 2006 4 SCC 1, within a period of three months.

(2.) We have heard the learned counsel for the petitioners and gone through the impugned order.

(3.) Undisputedly, respondent No.1 was appointed as Part-time Chowkidar on 12.05.1995 at Sub Post Office, Nawanshahr by Superintendent of Post Office, Jalandhar Division, Jalandhar (petitioner No.3 herein). As per the terms and conditions of the appointment, he was appointed on contract basis and his services were liable to be terminated at any time without any notice. Even though in the said letter the appointment of respondent No.1 was described as Part-time but it is undisputed fact that he had performed his duties for more than 8 hours a day. Undisputedly, respondent No.1 is continuously working as such with the petitioner department.