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Shri Ramesh Kumar v. Union of India

Supreme Court of India · 28 October 1996 · [1996] SUPP. 8 S.C.R. 21

Court
Supreme Court of India
Decided
28 October 1996
Case no.
C.A. No. 14581 of 1996
Reported as
[1996] SUPP. 8 S.C.R. 21
Result
Dismissed
Bench
K. Ramaswamy, G.B. Pattanaik
Length
2 pages
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PETITIONER:
SHRI RAMESH KUMAR
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 28/10/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK

ACT

HEADNOTE

JUDGMENT

ORDER

Leave granted.

We have heard learned counsel on both sides.

This appeal by special leave arises against the order of the Central administrative tribunal, new Delhi made on 17.5.1990 in OA No.1201/87.

The primary contention of the appellant which prima facie appeals us is that since the appellant was a casual worker and attained the temporary status, throwing him out of service while his junior was retained, is an arbitrary action. we gave notice to the respondents by order dated April 30,1996 directing them to explain as under:

"Learned counsel for the petitioner

pointed out Annexure-AA to the

petitioner was engaged as

Choukidar on January 13,1986 and

he was conferred temporary status

on January 8,1967. One Rohtas kumar

son of Ganpat Ram was also engaged

as Choukidar with effect from

February 28,1986 and he was

conferred temporary status on

february 23, 1987 and both of them

have been given medical fit under

category C.I. It is also stated

that Rohtas kumar had already been

regularised after the schemes was

wound up while the petitioner being

the senior was entitled for

regularisation or posting

elsewhere."

Pursuant thereto, an affidavit has been filed by Mr. Ved Prakash, Divisional Personnel Officer of the Northern Railway, New Delhi, in paragraph 7 at page 44 it is stated as under:

"In reply to paragraph 4(c) I say

that central Organisation for

operations & Information system is

separate and distinct entity from

Northern Railways. In vices of

Annexure-’A’, the applicant’s

services come to an end on

10.9.1987 on account of winding up

of the organisation. It is

submitted that most of the staff

was absorbed by the centre for

Railway Information system (CRIS).

A list of 20 casual Labours who

could not be absorbed to the chief

Engineer construction northern

Railway kashmere Gate Delhi by COIS

for re-engagement provided there

was requirement for work. It is

respectfully submitted that about

seven casual labours including Shri

Rohtas kumar S/O Shri Ganpat Ram

were spared as per requirement and

accordingly they were offered

appointment by the construction

department. It is further submitted

that after winding up the

organisation, the applications from

the willing staff were invited by

the respondent No.4 if they wanted

appointment in centre for Railway

information system. It appears that

the petitioner never applied for

appointment and as such he was not

considered for appointment."

The Central Organisation for operations and information system is separate and distinct entity from Northern Railways. In view of Annexure-’A’, the applicant’s services came to an and on 10.9.1987 on account of winding up of the said organisation. However, 20 casual workers were directed to be absorbed at different places. It was stated that though opportunity was given to all the persons to make an application for absorption, since the considered for appointment. In view of the fact that he was given an opportunity but he had not availed of the same, the question of discrimination does not arise; nor the question appointment of the junior and denial thereafter to the appellant does not arise.

The appeal is accordingly dismissed. No. costs.

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