KUSUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Briefly stated facts of the case are that applicant Shri Sunny Lal, present writ petitioner filed an Original Application (O.A.) No. 290/00071/2019 along with Miscellaneous Application (M.A.) No. 290/00071/2019 before the learned Central Administrative Tribunal Bench, Jodhpur (hereinafter referred to as 'Tribunal'), praying for following reliefs:

(2.) During the pendency of the present writ petition, Shri Sunny Lal (hereinafter referred to as 'deceased employee') passed away on 24/1/2020. The legal heirs of the deceased employee/original applicant were taken on record vide order dtd. 21/9/2020 passed by co-ordinate Bench of this Court.

(3.) The deceased employee was working as part-time Casual Labour (Sweeper) in the office of Sub-Post Master, Shastri Nagar, Jodhpur since 1984. The deceased employee was paid consolidated salary, fixed by the respondent-department for part-time Group-D employees. The O.A. along with M.A. referred to above was preferred by the deceased employee before Tribunal praying for regularization of services along with grant of regular pay scale as had been accorded to one Shri Vijesh Kumar in O.A. No. 125/2005 (Vijesh Kumar v. Union of India) vide order dtd. 15/2/2006. The O.A. filed by the deceased employee came to be dismissed by the Tribunal vide order dtd. 23/9/2019 on the ground of limitation holding that regularization was sought by the deceased employee only in the year 2019 after having worked with the respondent-department since 1984. Since, the deceased employee had acquiesced to the position held for long time and did not raise claim for regularization, no direction could be issued in his favour. The learned Tribunal further held that no parity could be drawn between the deceased employee and Shri Vijesh Kumar since the decision in the case of Vijesh Kumar (supra) was rendered in 2006 which attained finality in the year 2009 with the dismissal of writ petition filed by the department challenging the order passed by the learned Tribunal.