SANJIV KHANNA, CHANDER SHEKHAR
Dharmendra Kumar – Appellant
Versus
Union Of India – Respondent
CHANDER SHEKHAR, J.
1. The petitioner-Dharmendra Kumar has filed the present writ petition impugning the order dated 18.04.2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (herein after referred to as Tribunal) whereby O.A. No. 3533/2014, has been dismissed on the ground of res judicata.
2. It is stated that the Tribunal has committed a grave error by holding that the O.A. is barred by res-judicata, without appreciating the facts of the case on merits and ignoring that a fresh cause of action arose due to passing of order dated 05.03.2013 by which the juniors of the petitioner were regularised and confirmed whereas the petitioner was left out. Even otherwise, the cause of action is a recurring cause of action and denial of the relief on the ground of the res-judicata in the present case is wrong and unjust. The respondents cannot be allowed to perpetuate and commit illegality by granting benefit of regularisation to those junior to the petitioner. The petitioner has worked as a temporary employee for the last 21-22 years. Accordingly, he is legally entitled to regularisation in the backdrop of Articles 14 and 16 of the Constitution of India. Co
Gangappa Gurupadappa Gugwad Gubarga Vs. Rachawwa
K.S. Sundararaju Chettiar Vs. M. R. Ramachandra Naidu
Mahant Prem Dass Chela Mahant Bhola Dass Vs. Joti Pershad
N. R. Narayan Swamy Vs. B. Francis Jagan
R.Vishawanthan Vs. Rukn-Ul-Mulk Abdul Wajid
Surajmal Vs. Radheyshyam (1988) 3 SCC 18
Vithal Yeshwant Jathar Vs. Shikhandarkhan Makhtumkhan Sardesai
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.