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Judgment
V. Ajay Kumar, J
Heard Shri Vaibhav Kalra, learned counsel for the applicants and Shri S.K. Tripathi proxy for Shri Gyanendra Singh, learned counsel appeared on behalf of the respondents on receipt of advance notice.
MA 597/2019 filed for joining together is allowed.
MA 598/2019 filed for seeking exemption is also allowed.
The applicants, who are presently working as temporary status casual employees under the respondent No.6 - National Institute of Malaria Research, filed the O.A. seeking the following relief(s):
"(i) Call for the records of the case;
(ii) Direct the respondents to extend the benefit of regularization of their service from their initial date of appointment with all consequential service benefits to the Applicants in terms of the various judgments passed by this Hon‟ble Tribunal, High Courts as well as the Hon‟ble Supreme Court of India;
(iii) Direct the Respondents to give all consequential benefits to the applicants from the date of their respective initial appointments including pay revision, pensionary benefits, arrears of pay, DA, HRA, Transport Allowance, Casual Leave, Earned Leave, Medical Leave, CCL, CGHS (Medical Facility), Uniform, Tuition Fee, LTC, GPF/NPS, GILS, Pension, Gratuity (Under CCS Pension Rules), Leave Encashment, Computer Advance, ACP/MACP etc.
(iv) Pass such other and further order(s) as this Hon‟ble Tribunal may deem fit and proper in the facts and circumstances of the case in the interest of justice."
It is submitted that the applicants and their Association have made number of representations ventilating their grievances to the respondents. Though the respondents have not passed any final orders, however, vide Annexure A-49 dated 10.10.2018, it appears that the respondents are in the process of considering the cases of the applicants for regularisation and, accordingly, prayed for a direction to the respondents to take a final view on the issue, within a fixed timeframe.
In the circumstances, the O.A. is disposed of at the admission stage itself, without going into the merits of the case, by directing the respondents to consider the claims of the applicants in terms of the Annexure A-49 dated 10.10.2018 and to take a final view and to pass appropriate speaking and reasoned orders thereon, in accordance with law, within 90 days from the date of receipt of a certified copy of this order. No order as to costs.
Let a copy of the O.A. be enclosed to this order.