S. Jothi and K. Tamilmani vs The Central Administrative Tribunal and Union of India (UOI)

D. Hariparanthaman, J.—The present writ petition is filed against the order dated 29.09.2005 passed in O.A. No. 612 of 2005 by the

Central Administrative Tribunal, Chennai Bench, Chennai, which has been filed seeking regularisation of the services of the petitioners.

The first respondent � Tribunal rejected the claim of the petitioners in O.A. No. 612 of 2005 dated 29.09.2005, relying on the decisions of

the Honourable Apex Court made in Union of India v. Gagan Kumar reported in 2005 AIR SCW 3594 and in Union of India and Anr. v. Mohan

Lal and Ors. reported in 2002 SCC (L & S) 577. The Tribunal held that since the petitioners are Casual workers, they are not entitled to

regularisation, particularly, when they did not come through selection process.

The learned Counsel for the petitioners brought to our notice a subsequent communication made by the Joint Secretary (Revenue) dated

07.09.2007 wherein it is indicated as follows:

The daily wage workers engaged in some of the Commissionerates have been representing for regularization of their services. In this regard,

attention is drawn to instructions issued by DoPT regarding engagement of casual labour and regularisation of certain categories of casual labourers

against Grade D vacancies available. The Dopt vide their Om. No. 49019/1/2006-Estt(C) dated 11th December, 2006 have also circulated

regularisation, as a one time measure, the service of such irregularity appointed daily wagers who are duly qualified persons in terms of statutory

recruitment rules for the post and who have worked for 10 years or more in duly sanctioned post, but not under cover of orders of Courts or

Tribunals.

You are requested to get the information collected as per the enclosed format from the field formations by 20th September, 2007 and send the

same to the Revenue Headquarters. You are also requested to consider proposal for regularization of such daily wagers as may be covered as per

the guidelines aforesaid.

Subsequently, a circular has been issued by the department to the following effect:

In continuation of this Board''s letter of even number dated 31.8.2007 on the above mentioned subject, I am directed to enclose herewith a copy

of D.O. No. 32020/45/2005-GAR dated 7.9.2007 received from Joint Secretary (Revenue, Hqrs) and as desired therein request you to send the

requisite information in the prescribed proforma latest by 20.9.2007 for onwards transmissions to Revenue Headquarters.

Keeping in view the subsequent development, we feel that it is not necessary to go into the question raised in the writ petition and O.A. We feel

that, interest of justice would be served by directing the concerned department to consider the matters afresh, in the light of the subsequent

circulars dated 07.09.2007 and 13.09.2007. It is made clear that appropriate decision should be taken without being influenced by the

observations made by the Tribunal.

6 .The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.