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2007 Supreme(Del) 2708

MUKUL MUDGAL, ARUNA SURESH
RAJESH KUMAR – Appellant
Versus
UOI – Respondent


Advocates appeared:
For the Petitioner:Mr. Sandeep Jain and Mr. Sudhanshu Palo, Advocates.
For the Respondent:Mr. P.P. Malhotra, ASG with Mr. A.K. Bhardwaj, Mr. Chetan Chawla and Mr. Abhilash Mathur, Advocates.

JUDGMENT

Mukul Mudgal, J.-

The writ petition under Articles 226 and 227 of the Constitution of India challenges the Order dated 1st August, 2003 passed by the Central Administrative Tribunal (hereinafter referred to as "CAT"), Principal Bench, New Delhi in CP 135/2003 in O.A. No. 1197/ 2001.

2. The brief facts of the case are as follows:

(a) The petitioner herein was engaged as .Badli/Daily Paid Worker in Delhi Milk Scheme with effect from 1st January, 1999 onwards. The petitioner had completed 240 days in a period of 12 months. The said period of 240 days was calculated by counting the days of actual duty rendered by him plus the intervening weekly offs and other holidays.

(b) Even after completion of 240 days in accordance with the provisions of the Para 4 (iii) of the Certified Standing Orders, the petitioner was not transferred to regular establishment of Delhi Milk Scheme.

(c) Aggrieved by the failure of the respondent to transfer the services of the petitioner to the regular establishment of Mates in spite of completing the requisite number of 240 days including weekly offs and holidays the petitioner along with 15 others approached the CAT, Principal Bench, New Delhi, by filing O












































































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