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2009 Supreme(SC) 603

MUKUNDAKAM SHARMA, S.B.SINHA
Pinaki Chatterjee – Appellant
Versus
Central Administrative Tribunal – Respondent


Advocates appeared:
For the Appellants :S.B. Sanyal, Sr. Adv., Ranjan Mukherjee, Advocates.
For the Respondents ; Mrs. K. Amareswari, Sr. Adv., Shreekant N. Terdal (not present), Ms. Aiyagari, B. Krishna Prasad, Ms. Lalit Kohli, M/s Manoj Swarup & Co., Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. The right of the appellants herein, if any, to be regularized in Class ‘C’ Services of the Railways is the question involved in this appeal which arises out of a judgment and order of the High Court of Jharkhand at Ranchi whereby and whereunder the writ petition filed by the appellants against the order of the Central Administrative Tribunal, Patna Bench, Circuit Ranchi passed in OA No.604 of 1997 and OA No.398 of 1998, was dismissed.

3. Appellants were directly appointed in Group ‘C’ posts except serial No.5 in the Electrical Department of the Railway Electrification Project. As despite working for a long time, their services were not regularized, they filed two original applications before the Central Administrative Tribunal, Patna, Circuit Bench, Ranchi, praying, inter alia, for a direction upon the respondents to finalise their regular absorption in the services in grade ‘C’ posts against the sanctioned strength which were marked as OA Nos.604 of 1997 and OA No.398 of 1998. By reason of a judgment and order dated 5.7.2001, the said original applications were allowed, in part, directing :

“In the result, the applicants’ claim to be r


























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