UNION OF INDIA AND ANOTHER Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) The petitioners through the instant petition filed under Articles 226/227 of the Constitution of India, have prayed for issuance of a writ in the nature of certiorari for quashing the order dated 27.8.2014 (Annexure P- 1) passed by respondent No.1-Central Administrative Tribunal (in short "the Tribunal") whereby the Original Application (OA) filed by respondents No.2 to 10 had been allowed directing the petitioners to count their daily rated LDC service from the initial date of their engagement and to add the same with their regular service for the purposes of all benefits of financial up gradation under ACP Schemes.

(2.) A few facts necessary for adjudication of the present petition as narrated therein may be noticed. Respondents No.2 to 10, are employees of the petitioners, who were engaged on daily wages on different dates and all the benefits due towards them were duly paid. Their services are governed by the Rules of Union of India and they were not entitled to any benefits of ACP and MACP or promotion etc. on the basis of service rendered by them on daily wages. The services of respondents No.2 to 10 were regularised from time to time at different points of time. They were rendering their regular service in the department and all the due benefits were given to them as per their service conditions. Respondents No.2 to 10 filed OA before the Tribunal for consideration of their service of daily wages for pensionary and other monitory benefits. They relied upon a judgment given by the Tribunal, Ernaculam Bench which was upheld by the Supreme Court. The petitioners filed reply before the Tribunal pleading that respondents No.2 to 10 were not entitled to any relief in view of their service condition. The Tribunal vide order dated 27.8.2014 (Annexure P-1) disposed of the said OA with a direction to the petitioners to review the cases of respondents No.2 to 10 regarding date from which ACP/MACP benefits were to be allowed. Hence, the present writ petition.

(3.) We have heard learned counsel for the parties and have perused the record.