TRIPTA DEVI AND OTHERS Vs. SECRETARY, DEPARTMENT OF EXCISE AND TAXATION, UNION TERRITORY, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) This order shall dispose of C.W.P. Nos. 18755-CAT of 2006 and 5403-CAT of 2007. In both the cases, order dated 6.10.2006, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal') is subject matter of challenge. Out of the total four persons, who have filed O.A. No. 820-CH of 2005, three have filed C.W.P. No. 18755-CAT of 2006 whereas one person has filed C.W.P. No. 5407-CAT of 2007. The Tribunal has rejected the prayer of the petitioners for issuance of direction to the respondents to regularize their services by keeping in view the policy dated 23.1.2001 (P-5) framed by the State of Punjab as applicable to the Union Territory of Chandigarh and for grant of regular pay scale.

(2.) Brief facts of the case are that in the year 1997 the respondents sent a requisition to the Employment Exchange for filling up the posts of Clerk. Thereafter the names of the petitioners were recommended for appointment to the posts of Clerk by the Selection Committee constituted by the respondent department, vide Memo. No. 9373, dated 24.6.1997. Consequently, the petitioners were appointed on contract basis on a fixed salary of Rs. 2,000/- per month. A copy of the appointment letter, dated 16.9.1997, has been placed on record as Annexure P-2.

(3.) The petitioners earlier filed O.A. No. 620-CH of 1999 before the Tribunal alleging that they were sought to be replaced by the respondent department by fresh ad hoc/contractual employees. On 31.5.2000, the OA was allowed and a direction was issued to the respondents not to terminate their services by replacing them by other ad hoc/temporary employee. It was further directed that the petitioners were to continue to work till such time the work was available or regular selected candidates are appointed on the posts held by the petitioners. The petitioners sent a representation on 3.9.2003 again seeking regularization of their services in the light of the policy dated 23.1.2001 (P-5). However, the petitioners were not granted regular pay scale nor their services were regularized. On 13.12.2005, four posts of Clerks were advertised to be filled up on regular basis. One of the post was meant for General Category, two posts were reserved for OBC and one post for Ex- serviceman. Apprehending termination of their services, the petitioners filed O.A. No. 820-CH-2005. However, the O.A. was dismissed by the impugned judgment on 6.10.2006 (P-17), on the basis of the judgment of Hon'ble the Supreme Court rendered in the case of Secretary, State of Karnataka v. Umadevi, 2006 2 SCT 462