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S. M. SUBRAMANIAM, M. JOTHIRAMAN
Hasmukh Adhia – Appellant
Versus
Deputy Registrar – Respondent
ORDER :
[Order of the Court is made by S.M.SUBRAMANIAM, J.]
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, call for the records of the first respondent in C.A.310/00086/2018 in O.A./1270/2017 dated 30.11.2023, quash the same as illegal.
The lis on hand has been instituted questioning the validity of the order dated 30.11.2023 passed in CA.No.310/00086/2018 in O.A.No.1270 of 2017.
2. The Union of India is the petitioner before this Court. In nutshell, the respondents filed O.A.No.1270 of 2017 before the Central Administrative Tribunal seeking a direction to the respondents therein to regularise the services of the applicants in Group D posts on par with their colleagues with all attended and consequential benefits in accordance with the judgment in O.A.No.758 and 777 of 2004 and other cases by extending their benefits thereof. The Tribunal disposed of the original application with the following directions:
The Court ruled that compliance with a Tribunal's order by passing a speaking order negates grounds for contempt, even if one applicant is excluded from benefits.
The court underscored that compliance with Tribunal orders for regularization should reflect the exact terms set forth in the initial ruling and not result in lateral or unauthorized posts.
The court reinforced that compliance with its orders is mandatory, and failure to do so, despite prior admissions, constitutes contempt.
The court reinforced the principle that long-serving temporary employees are entitled to regularization under specific legal frameworks, and non-compliance with court orders can lead to contempt proc....
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