Facts
The Petitioner, an employee seeking regularization, challenged the legality of an order dated 11.10.2013 passed by the Central Administrative Tribunal (CAT), Jabalpur Bench, in Original Application No. 879/2011.
Source reference: para. 1The CAT had previously refused the Petitioner’s claim for regularization, which was based on the principles established in T.N. Godavarman Thirumulpad v. Union of India.
Source reference: para. 1The Petitioner contended that his case is identical to that of the appellants in Ravi Verma Ors. v. Union of India Ors. (Civil Appeal Nos. 2795-2796 of 2018), where the Supreme Court set aside the same common CAT order dated 11.10.2013.
Source reference: para. 2, 5The Respondents opposed the petition primarily on the grounds of delay and laches.
Source reference: para. 3Issues
1. Whether the Petitioner is entitled to regularization of service effective from 01.07.2006 in light of the Supreme Court’s judgment in Ravi Verma Ors. v. Union of India, which set aside the underlying CAT order affecting similarly situated employees.
Source reference: para. 2, 6Law Applied
The Court applied the "one-time measure" regularization principle established in State of Karnataka v. Umadevi (3) (2006) 1 SCC 1, specifically Paragraph 53, which permits the regularization of irregularly (not illegally) appointed persons who have served for ten years or more in sanctioned posts without the cover of court orders.
Source reference: para. 5It further relied on the Supreme Court’s decision in Ravi Verma Ors. v. Union of India Ors. (2018), which held that denying regularization to such employees constituted discriminatory treatment and mandated regularization effective from 01.07.2006.
Source reference: para. 5Reasoning
The Court observed that the Petitioner’s situation was identical to the appellants in the Ravi Verma case.
Source reference: para. 6It noted that the Supreme Court had already scrutinized the CAT order dated 11.10.2013 and determined that the employees therein were entitled to regularization under the Umadevi guidelines, as they had not served under the cover of court orders and their appointments were merely irregular.
Source reference: para. 5The Court reasoned that since the Supreme Court had already set aside the very order impugned in this petition for similarly situated persons, the Petitioner could not be denied the same relief.
Source reference: para. 6The Respondents' argument regarding delay and laches was disregarded in favor of parity and the binding nature of the Supreme Court's reversal of the common CAT order.
Source reference: para. 6, 7Holding
The High Court allowed the petition and set aside the CAT order dated 11.10.2013 insofar as it concerned the Petitioner.
The Court directed the Respondents to regularize the Petitioner’s services effective from 01.07.2006 and grant all consequential benefits within three months.
Source reference: para. 7Failure to comply within the stipulated period would attract interest at the rate of 10% per annum on the consequential benefits.
Source reference: para. 7No costs were awarded.
Source reference: para. 8Original Court PDF
KANTU LALvsUNION OF INDIA
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