Tribunals and CommissionsDivision Bench(2020) 01 CAT CK 0069

Ishwar Singh vs Union Of India And Ors

Central Administrative Tribunal · Decided on 13 January 2020

HON’BLE JUDGES
Vijay Lakshmi, J · Pradeep Kumar, Member (A)
RESULT
Dismissed
CASE NUMBER
Review Application No. 187 Of 2018, Original Application No. 851 Of 2014

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Judgment

7 paragraphs · 285 words

L. Narasimha Reddy, J

1.

The applicant  was appointed as  Gangman on 26.11.1975 in the North West Railway and retried from service on 31.12.2018.  He filed OA No. 851/2014 with a prayer to direct the respondents to count his service from the date of his initial appointment, i.e., 26.11.1975 and to extend service benefits accordingly.

2.

The respondents filed a counter affidavit, opposing the OA. It is stated that the Gangman, who is appointed on whatever basis, is subjected to screening test for regularization of his service and in the test, the applicant appeared in 1979. It is also stated that the results were declared on 02.04.1979 and the temporary status was conferred upon the applicant on 29.08.1980. Accepting this contention, the Tribunal dismissed the OA, through order dated 19.07.2018. This RA is filed with a prayer to review the order passed in the OA.

3.

The applicant contends that his service from 1975 onwards is required to be counted and there is no basis for the respondents in rejecting the same.

4.

We heard Shri Khairati Lal, learned counsel for the applicant and Sh. Shailender Tiwary, learned counsel for the respondents.

5.

The issue involved in this OA depends upon the dates borne out from the record. Though the initial appointment of the applicant as Gangman was in the year 1975, he was conferred temporary status only in the year 1980, as the result of his performance in the screening test. The case of the applicant cannot be segregated. The Railways has its own policy of regularization of Gangman and the applicant was regularized only in the year 1980.

6.

We do not find any merit in the RA and it is accordingly dismissed.