ISHWAR SINGH PHOGAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed against judgment dated 21.1.2014 passed by the learned Single Judge dismissing Civil Writ Petition No. 1627 of 2012 filed by the appellant.

(2.) ADMITTEDLY , the appellant was taken into service as Physiotherapist under the Central Government Sponsored Scheme on 27.10.1989. He continued to work as such under that Scheme. The said Scheme was wound up in the year 2006. Prior thereto, in the year 2005, the appellant and other similarly situated employees filed an application before the Central Administrative Tribunal (In short "Tribunal") at Chandigarh making a prayer that they be treated as employees of the Central Government qua their right to salary, provident fund, gratuity, leave encashment and other service benefits. The said application was decided in their favour on 18.4.2005 by placing reliance upon the judgment of the CAT Calcutta Bench in the case of Jai Kishore Maity v. Union of India and Others (O.A. No. 1241 of 1996). They were held entitled to get similar relief as was given to the employees working under the said Scheme in the States of West Bengal and Karnataka. To say so, reliance was placed upon the orders passed by the Tribunal of Calcutta and Bangalore Benches. To give relief, following passage from the judgment, passed by the Tribunal of Bangalore Bench, was relied upon when passing that order: -

(3.) AT that time, SLPs against the judgment passed by the Central Administrative Tribunal of Bangalore and Calcutta Benches and the judgment of the High Court of Calcutta were pending and impugned before the Supreme Court.