Delhi High Court
Ld Sharma vs Uoi And Anr. on 7 February, 2011
Author: Dipak Misra,Chief Justice
41.
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 769/2011
LD SHARMA ..... Petitioner
Through Mr. Ashish Nischal, Advocate.
versus
UOI AND ANR. ..... Respondents
Through Mr. Akshay Chandra, Advocate
for Mr. Neeraj Chaudhari, CGSC for UOI.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 07.02.2011
In this writ petition preferred under Articles 226 and 227 of
the Constitution of India, the petitioner has challenged the legal
tenability of the order dated 25th May, 2010 passed by the
Central Administrative Tribunal, Principal Bench (for short,
„tribunal‟) in O.A. No. 2768/2008 whereby the tribunal has
declined to extend the benefit of regularization to the petitioner
with effect from 12th December, 1977 on the ground that he did
not satisfy the requisite criteria at the stage of initial
appointment.
2. We have heard Mr. Ashish Nischal, learned counsel for
the petitioner and Mr. Akshay Chandra, learned counsel for the
Union of India.
3. It is not disputed that the petitioner was regularized in the
post of Senior Translator on 19th July, 1986 by order dated 31st
January, 2008. In the month of December, 2008, he filed the
Original Application claiming regularization from December,
1977 instead of 19th July, 1986. As is evincible from narration of
facts the petitioner was appointed as a Senior Translator on ad
hoc basis with effect from 14th December, 1977 for a specific
period. His services were terminated when it was found that it
was not necessary to continue. The said order was challenged
in a writ petition. It was transferred to the tribunal forming the
subject matter of O.A. T-No. 788/1986. The said application
was decided on 30th May, 1996 whereby the tribunal quashed
the order of termination and directed to reinstate the petitioner
with restoration of the status and benefit that he had before
passing of the impugned order. It is not disputed that the initial
appointment being ad hoc in nature, the status of the petitioner
remained as ad hoc.
4. As is evident from the order impugned, the respondents
keeping in view the directions of the tribunal for relaxation and
regularization, directed for regularization of his services with
effect from 19th July, 1986 by order dated 31st January, 2008 by
relaxation of qualification. Be it noted, the tribunal had passed
the said direction and granted the said benefit so that the
petitioner will be conferred the benefit of ACP.
5. After the said order was received by the petitioner by
virtue of which he received the benefit of ACP, the petitioner
approached the tribunal with the prayer that he should be
regularized with effect from 14th December, 1977. The tribunal
placing reliance on the decision in Secretary, State of
Karnataka and Others versus Umadevi and Others, (2006) 4
SCC 1 had expressed the view as follows:-
"13. Considering totality of the facts and
circumstances of the case and in view of
our discussions above, we come to the
considered conclusion that the
Respondents have complied with the
directions of this Tribunal in OA T-788/86
decided on 30.05.1986 and pursued the
matter relentlessly to get the Applicant
regularized in the post of Senior
Translator and having succeeded they
have very sincerely passed the order
though on the date of Applicants
retirement but have given effect to, from
19.7.1986. We find the Respondents
order dated 31.1.2008 is in compliance of
the Tribunals directions and we do not
find any administrative or procedural
infirmity for our interference. Resultantly,
the Applicant could not establish his case
to get his services regularized w.e.f. 12th
December, 1977. Hence, finding no
merits in the Original Application, the
same is dismissed, leaving the parties to
bear their own costs."
6. In our considered opinion, the view expressed by the
tribunal cannot be held to be erroneous and accordingly we
concur with the same. In the result, the writ petition, being
devoid of merit, stands dismissed with no order as to costs.
CHIEF JUSTICE
SANJIV KHANNA, J.
FEBRUARY 07, 2011
VKR
