KUNJ BIHARI SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved of order dated 18.02.2008 whereby, the writ petition filed by the appellants-writ petitioners (hereinafter referred to as 'petitioners') challenging order dated 12.04.2007 came to be dismissed the instant Letters Patent Appeal been filed.

(2.) Heard.

(3.) Mr. Rajiv Ranjan, learned Senior counsel for the petitioners submits that the petitioner no.1 who was appointed on the full-time post of Upper Division Clerk on temporary basis vide notification dated 09.06.1982 continued to work on the said post till he attained the age of superannuation. Similarly, the petitioner no.2 who was also appointed on a sanctioned vacant post of Peon-cum-Process Server as a full-time Staff on 05.01.1987 continues to work on the said post and nearing the age of superannuation. Nonetheless, the claim for regulation been rejected on the ground that the Tribunal constituted under the Coal Bearing Areas (Acquisition and Development) Act, 1957 is a Part-Time Tribunal which was constituted for a limited period. The learned Senior counsel contends that engagement of the petitioners as full-time employees for over a period of 30 years but denying them other benefits of full-time Upper Division Clerk or Peon-cum-Process Server offends Art. 14 and 16 of the Constitution of India. Assailing the order passed by the Writ Court, the learned Senior counsel submits that the learned Single Judge overlooked the fact that it is the Ministry of Coal, which would sanction post in the Tribunal whereas, vide order dated 12.04.2007 the respondent-Under Secretary (PRIW1), Ministry of Coal, Government of India erroneously rejected the claim of the petitioners for regularisation directing them to approach Coal India Limited.