UNION OF INDIA Vs. GHULAM NABI AHANGER

JUDGEMENT

(1.) Union of India through Director General Archaeological Survey of India and others have preferred this appeal under Clause 12 of Letters Patent against the judgment and order dtd. 12/11/2018 passed by the learned Single Judge disposing of writ petition SWP No. 290/2018: Ghulam Nabi Ahanger and others v. Union of India and others with the direction to the appellants to accord consideration to the matter of regularisation of services of the petitioners (respondents herein this appeal) from the date they have completed ten years of continuous service and to release salary in the pay-scale admissible.

(2.) The only argument of Ms. Masooda Jan, learned counsel appearing for the appellants is that the petitioners are not entitled to be accorded consideration for regularisation of their services as their claim to this effect has been turned down by the Central Administrative Tribunal which judgment has been upheld by Division Bench of this High Court.

(3.) Mr. Zahoor A. Shah, learned counsel appearing for the petitioners submits that the above decision of the Central Administrative Tribunal and that of the High Court was in respect of a completely different cause of action whereas the present proceedings are based upon the subsequent cause of action and, as such, the learned Single Judge has rightly directed for according consideration to the regularisation of their services.