Anil Kumar Moria And Ors. vs Union Of India (Uoi) And Ors.
2002 Latest Caselaw 890 Del

JUDGMENT

S.B. Sinha, C.J.

1. This writ petition is directed against an order dated 30.08.2000 passed by the Central Administrative tribunal, Principal Bench, New Delhi (hereinafter referred to as, 'the Tribunal') in O.A. Nos. 632 of 1997 and 645 of 1997 whereby and whereunder the original applications filed by the petitioners herein were dismissed.

2. The petitioner joined the Department of Customs as Preventive Officers through the Staff Selection Commission's Examinations (in short, 'SSC') held from time to time. They were transferred to Delhi on compassionate basis. They claimed for their regularization.

3. A Division Bench of this Court while dealing with the said matter in S.K. Sharma and Ors. v. Union of India and Ors., in C.W.P. No. 5261 of 2000 by a judgment dated 18.4.2002 directed:-

"36. However, keeping in view the fact that the Central Government itself in its order dated 21.12.1991 categorically stated that the petitioners may be held to be on deputation till the general decision taken by the Board regarding filling up the posts, we are of the opinion that it is a fit case where the Central Government should take appropriate decision as expeditiously as possible having regard to the fact that more than a decade has passed since issuance of the said order. However, the respondents having regard to the fact that promotion had been denied to them, their cases for promotion with retrospective effect may be considered.

37. In view of the fact that the respondent have taken categorical stand as regards legal position obtaining in relation to the petitioner, such of the petitioners who may want to go back to their parent. Department should be allowed to do so."

4. As the said writ petition, i.e., C.W.P. No. 5261 of 2000, arose out of the same judgment of the Tribunal this writ petition is also disposed of on the same terms and the directions issued in the said writ petition which would govern this case also.

5. This writ petition is disposed of accordingly. However, in the facts and circumstances of the case, there shall be no order as to costs.