UNION OF INDIA Vs. P. SHEKAR

JUDGEMENT

(1.) This writ petition is filed praying to grant the following relief:

(2.) The respondent was initially engaged as casual worker on 25/7/1986 and was working as Beldar on the basis of Hand Receipt/Work Order/Contract, in Central Public Works Department (C.P.W.D), South Zone-2, Hyderabad. The C.P.W.D., cleared 10 regular posts of work charged employees in Southern Region, for the years 2003-04 and 2004-05. To fill up the said vacancies, a Screening Committee was constituted. The Screening Committee prepared a seniority list dtd. 30/11/2007 of casual workers engaged by C.P.W.D., till 30/11/2007 on the basis of Hand Receipt/Work Order/Contract. In the said seniority list, respondent was shown at SI.No.1. By considering the suitability and seniority of candidates, the Screening Committee cleared 10 names, including the name of respondent. By proceedings dtd. 4/12/2007, respondent was temporarily appointed as Beldar in C.P.W.D. Having satisfied with the services rendered by respondent and on successful completion of probation period, his probation was declared vide proceedings dtd. 29/10/2010. The respondent was confirmed as Beldar, w.e.f., 5/12/2009 vide Office order dtd. 29/10/2010. On completion of 10 years of service, the respondent was granted first MACP benefit w.e.f. 5/12/2017, vide Office order dtd. 19/2/2018.

(3.) The seniority list of casual workers dtd. 30/11/2007, was challenged before the Central Administrative Tribunal, Hyderabad Bench (for short 'the Tribunal') in O.A.No.839 of 2007. The Tribunal vide order dtd. 21/7/2010 set aside the seniority list dtd. 30/11/2007 and directed the respondents therein, "to revise the seniority list of casual workers based only on number of days the casual workers were engaged on Hand Receipt/Work Order basis and to fill the approved vacancies with the persons in the seniority list as revised". Alleging that the said orders were not complied, the applicants therein filed Contempt Petition No.110 of 2012 in O.A.No.839 of 2007, before the Tribunal. The Tribunal was informed that the applicants therein were appointed on regular basis.