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2005 Supreme(SC) 949

ARIJIT PASAYAT, H.K.SEMA
Union Of India – Appellant
Versus
Gagan Kumar – Respondent


Judgment

Arijit Pasayat, J.—The Union of India calls in question legality of the order passed by a Division Bench of the Delhi High Court dismissing the writ petition filed by it. By the impugned order the High Court summarily dismissed the writ petition and in effect affirmed the view expressed by the Central Administrative Tribunal, Principal Bench, New Delhi (in short ‘the Tribunal’), though it did not specifically refer to it.

2. Factual background needs to be stated in brief:

Respondent filed an original application before the Tribunal claiming that he was engaged as a casual labourer for quite sometime and has been disengaged by verbal order on 31.12.2000. According to him, he had completed the requisite period of service for grant of temporary status. According to him his case is clearly covered by the Scheme circulated by Department of Personnel & Training (in short ‘DOPT’) in the Government of India, Ministry of Personnel, P.G. and Pensions. It was claimed that the department had circulated by O.M.No. 51016/2/90-Estt.(C) dated 10.9.1993 a scheme for grant of temporary status and regularization of casual workers. The scheme is called Casual Labourers (Grant of Temporary Status












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