UNION OF INDIA Vs. PAWAN KUMAR

JUDGEMENT

(1.) THIS matter has come to the court earlier on the basis of the views expressed by certain decisions of the Supreme Court which the Central Administrative Tribunal had not considered. The court remitted the matter to the Tribunal for determination afresh. The reference to the Supreme Courts decisions are made in the courts order dated 21 May, 2002 on C.W.J.C. No. 4049 of 1999; Pawan Kumar and Ors. vs. The Union of India and Ors. (Annexure -5 to the writ petition).

(2.) THE Tribunal considered this matter afresh in its order of 29 July, 2003 and while doing so gave the following directions: "(i) The respondents are directed to examine the case of the applicants in the light of clause II of Annexure A/12 & A/13 to A/14 and A/20, and the decisions passed by this Tribunal in earlier OA 562/92 and in the light of paras 16 and 18 of the decision of Hon ble Gauhati High Court, as discussed hereinabove. (ii) After examining the matter of the applicants, as directed hereinabove, to consider their absorptions/appointment against vacant posts on temporary basis to the post of Assistant Compilers because of the fact that the applicants have become overaged with the passage of time, and they have also lost their seniority position in the employment exchange, and in spite of necessary guidelines for absorptions of such retrenched employees, they have not been absorbed till date. (iii) The entire exercise in this regard be done within the period of four months from the date of receipt/production of a copy of this order."

(3.) THIS court has seen the directions so issued by the Gauhati High Court also otherwise affirmed by the Supreme Court.