UNION OF INDIA Vs. MANOJ KUMAR PATHAK

JUDGEMENT

(1.) The Court has before it two writ petitions. Both the writ petitions have been filed by the Union of India, Ministry of Information and Broadcasting. The writ petitions are against two different orders of the Central Administrative Tribunal.

(2.) CWJC No. 1368 of 2001 : Union of India v. The Central Administrative Tribunal Patna, arises out of an order of the Tribunal dated 28 July 2000 which itself arose out of the Original Application No. 606 of 1998 between Sweta Ghosh and eight others v. The Union of India. These applications before the Tribunal were working as casual artists engaged by Broadcasting Division of Ministry of Information and Broadcasting at Patna since 1993. The Tribunal has directed the Union of India that it ought to draw up a scheme in terms of its earlier order and the applicants before the Tribunal should be considered within the scheme for the regularisation of their services against appropriate vacant posts as per qualifications as and when they become available. The operative portion of the Tribunal's orders is in paragraph 12.

(3.) The Union of India challenged the order of the Tribunal by which there was an obligation upon it to draw up a scheme. Thus, CWJC No. 1368 of 2001 was filed. During the pendency of the writ petition an interlocutory application was filed by the Union of India that it be permitted to withdraw the writ petition as the Union of India has conformed to the order of the Tribunal by formulating a scheme for considering casual/empanelled artists for appointment as regular artist staff in song and drama division in terms of the order delivered by the Tribunal. The scheme is appended as Annexure '4' to the I.A. No. 4160 of 2002.