High CourtsDivision Bench(2011) 03 DEL CK 0176

Union of India (UOI) and Another vs Girish Pal and Others

Delhi High Court · Decided on 29 March 2011

HON’BLE JUDGES
Veena Birbal, J · Anil Kumar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 13185-86 of 2005

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Judgment

5 paragraphs · 198 words

Anil Kumar, J.—The Respondents were the casual labourers who were accorded temporary status and later on they were regularized against Group ''D'' Post. The dispute had arisen as to from which date their services are to be counted for grant of benefit of regularization.

2.

The Tribunal relying on the judgment of Andra Pradesh in General Manager v. Sheikh Abdul Khoda 2004 (2) ATJ HGC (AP) 23 had held that on regularization of a temporary status casual laborer his full service from the date temporary status is granted upto the date of regularization is to be counted for pension and half service for the period before grant of temporary status. Relying on the judgment of the Andhra Pradesh, the Tribunal thus held that seniority shall commence for the Respondents from the date of their regular appointments in Group ''D'', but the qualifying service shall be computed for the Respondents from the date the temporary status was granted to them.

3.

No one is present on behalf of the Petitioners. The writ petition is therefore, dismissed in default.

4.

The interim order dated 7th September, 2005 is vacated.

5.

All the pending applications, if any, are also disposed of