Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5529 OF 2008
[Arising out of SLP(C) No. 12817/2006]
UNION OF INDIA AND ANR. ... APPELLANT(S)
:VERSUS:
LAXMAN SINGH CHAMPALAL AND ORS. ... RESPONDENT(S)
O R D E R
Leave granted.
The respondents herein were said to have been regularized in the post of
Gangmen, having been engaged as monthly rated casual labours. They made a
representation for their reversion to the post of Khalasis. The said representation
having been rejected, an original application was filed before the Central
Administrative Tribunal. The Central Administrative Tribunal opined:
“Since they were engaged as Casual Labour Khalasis they can
always be reverted back as Khalasis if they make necessary
demands in that regard.”
In support of the aforementioned finding, the learned Tribunal has noticed
some purported orders passed by the Railway Administration. It was directed:
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“In view of the above discussion and in the facts and circumstances
of the case, we direct the respondents to accept the request of the
Applicants for reversion to the post of Khalasi and pass necessary
orders reverting them as Khalasis in the scale of Rs. 750-940/-.
They may be considered for regularization on the post of Khalasi,
if they were sufficiently senior, w.e.f. the date of their immediate
junior was regularized. They also may be permitted to work as
Khalasis. If anyone of them is posted as Gangmen, he may be
reverted and posted as Khalasis, subject to availability of
vacancies.”
The appellants questioned the correctness of the said order by filing a writ
petition before the High Court of Judicature at Bombay. By reason of the impugned
judgment the said writ application has been dismissed, stating:
“By this petition, the petitioners have challenged the order passed
by the Central Administrative Tribunal by which the petitioners are
directed to consider for regularization of the applicants before the
Tribunal and they be permitted to work subject to availability of
vacancy. If, for any reason, it is not possible, the Union of India can
say so if and when such claim is made. At present, in our opinion, no
case for interference is made out.”
The impugned judgment is not a reasoned one. We have noticed
hereinbefore that a direction has been issued by the Tribunal upon the appellants to
treat the concerned respondents as Khalasis, and if any regularization is made they
may be considered for regularization on the post of Khalasis. Such directions are
binding upon the appellants.
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In that view of the matter, the High Court was required to consider the merit
of the contentions raised before it by the appellants.
As no reason has been assigned by the High Court in support of its
judgment, the same cannot be sustained. It is set aside accordingly. The matter is
remitted to the High Court for consideration thereof afresh on merit. The appeal is
allowed.
..........................J
(S.B. SINHA)
..........................J
(CYRIAC JOSEPH)
NEW DELHI,
SEPTEMBER 1, 2008.