SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Del) 1853

SANJIV KHANNA, CHANDER SHEKHAR
Dharmendra Kumar – Appellant
Versus
Union Of India – Respondent


Advocate Appeared:
For the Petitioner:Dr. K. S. Chauhan, Mr.Murari Lal, Mr. Ajit Kumar Ekka & Mr. Ravi Prakash, Advocates
For the Respondent:Mr. Sanjeev Narula, CGSC & Mr. Abhishek Ghai, Advocate

JUDGMENT :

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
























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top