SONIA GOKANI, NISHA M. THAKORE
Director General – Appellant
Versus
Jayesh S/O Late Hanshanrai Bhatt – Respondent
ORDER :
SONIA GOKANI, J.
1. Petitioners are the authorities managed by the Union of India which has approached this Court against the order dated 29.4.2022 passed by the Central Administrative Tribunal, Ahmedabad in OA No. 30 of 2021.
2. Respondent was contractual employee whose claim is allowed by the Tribunal directing the present petitioners to re-examine the case in light of the directions issued by this Court in case of Special Civil Application No. 14592 of 2021 within a period of three months from the date of receipt of copy of that order.
3. Respondent was working as General Assistant for program section i.e. Typing contract, queue sheet of programme etc. as daily wager with the petitioner-institute. He along with the other similarly situated employees approached the Tribunal for claim of regular wages by way of OA No. 32 of 1987. This was partly allowed by the learned Tribunal vide order dated 30th August, 1990. OA No. 486 of 1989, 492 of 1989 and 489 of 1989 had been preferred for seeking regularization of services of employees and they were regularized against the sanctioned vacant post by virtue of the Central Government decision dated 16.11.1994.
4. It is not in dispute tha
Temporary service, including contractual service, should be counted as qualifying service for the purpose of regularization and pension benefits under Rule 13 of the Central Civil Services (Pension) ....
Contractual service qualifies as temporary service for the purpose of calculating qualifying service under Rule 13 of the Central Civil Services (Pension) Rules, 1972.
High Courts, in exercising power under Article 226 of Constitution will not issue directions for regularization unless employees claiming regularization had been appointed in pursuance of a regular r....
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