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Union of India v. Mahender Singh .

Supreme Court of India · 18 November 1996 · [1996] SUPP. 8 S.C.R. 734

Court
Supreme Court of India
Decided
18 November 1996
Case no.
C.A. No. 15086 of 1996
Reported as
[1996] SUPP. 8 S.C.R. 734
Result
Appeal(s) allowed
Bench
K. Ramaswamy, G.B. Pattanaik
Length
2 pages
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PETITIONER:
UNION OF INDIA & ORS.
Vs.
RESPONDENT:
MAHENDER SINGH & ORS.
DATE OF JUDGMENT: 18/11/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK

ACT

HEADNOTE

JUDGMENT

ORDER

Leave granted.

We have heard learned counsel on both side.

This appeal by special leave arises against the order of the Central Administrative Tribunal, New Delhi made on February 8, 1996 in OA No. 1105/95.

The admitted position is that the respondents came to be engaged as drivers in Intelligence Bureau, Headquarters, New Delhi from April 24, 1986 to October 5, 1988. They had filed the O.A. for regularisation of their services The tribunal in the impugned order has directed to regularise their serviced as stated hereunder:

"In the present case, the

experience of the applicants in

more than 7 years. They are,

therefore, entitled in view of the

ration of the above cited case to

be considered for regularisation in

relaxation of their age and

educational qualifications. We

accordingly, dispose of this

application with the direction to

the respondents to consider the

applicants for regularisation on

the availability of vacancies along

with others after granting them

necessary educational and age

relaxation ad to continue them in

their present jobs, subject to work

being available, in preference to

any other worker who may have

lesser experience than them of

working with the respondents.

In view of the settled legal position by this Court in State of Haryana vs. Piara Singh [(1992) 4 SCC 118] and plethora of precedents thereafter, the Tribunal obviously is in error in directing regularisation of their services with effect from the respective dates of their appointments, Instead, the appellants are directed to regularise their services in accordance with the rules in the light of the law laid down therein.

It is contended by learned counsel for the respondents that the appellants have relaxed the educational qualifications in respect of 15 persons named in the rejoinder and, therefore, the respondents are also entitled to the same benefit. the learned Solicitor General has placed before us the rules made b the Government on February 4, 1988; Note (2) was appended to Rule 2 (iii) which read as under:

"All the persons working as

Security Assistant (Motor

Transport) Immediately before

coming into force of the

Intelligence Bureau (Motor

Transport Cadre) Recruitment

(Amendment) Rules, 1988 shall be

promoted enbloc as junior

Intelligence Officer Grade-II

(Motor Transport) Irrespective of

the number of years of service

rendered by them as Security

Assistant (Motor Transport) against

the upgraded post of Security

Assistant (Motor Transport) as

Junior Intelligence Officer, Gr. II

(Motor Transport) as one time

exception."

It is stated that the previous cadre to which the above persons came to be appointed was abolished. As a consequence, all those persons working as Security Assistant (Motor Transport) were en bloc regularised relaxing their educational qualifications which is only 6th standard and, therefore, it has no application to the case of the respondents. In view of the above position, we do not find any hostile discrimination meted out to the respondents, as contended by the learned counsel for the respondents.

The appeal is accordingly allowed and the order in the O.A. Stands disposed of as directed earlier. No costs.

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