The court emphasized the principle of non-discrimination and held that the petitioner, who had been in temporary service since 1990, should be regularised from the date other temporary employees were regularised in July 2004.

JUDGMENT

Amol Rattan Singh, J. - By this petition, the petitioner firstly impugns the order passed by the Deputy Commissioner-cum-President, District Red Cross Society, Ambala, on 06.06.2014, by which his plea for regularisation of his services in the District Red Cross Society (hereinafter to be referred to as the Society) has been rejected.

Thus, he seeks a writ of certiorari quashing the said order, with further a writ of mandamus sought, directing the first two respondents, i.e. the President and the Secretary of the Society, to regularise his services and to grant all benefits thereby available to him including a regular pay scale as per the recommendations of the 6th Pay Commission.

The petitioners contention is that he is fully eligible for such regularization and benefits from the date that his juniors have been granted those.

2. A perusal of the impugned order shows that in fact the said order has been passed pursuant to a direction given by the Central Administrative Tribunal, Chandigarh Bench, vide its order dated 13.02.2014, passed in O.A. No.060/00119/2014 titled as Pawan Kumar v. Union of India and others .

Though that order has not been annexed alongwith the present petition, however the impugned order states that the (competent authority of) the Society was to examine the entire matter and thereafter dispose it of.

3. As regards the merits of the petitioners case, as have been dealt with in the impugned order, it is stated that he was appointed as a Chowkidar on a specific project, i.e. the Working Womens Hostel, Ambala City, which was a project started on grants given, with even the Government however thereafter not having released grants for the project for a large number of years, and consequently it was actually being run on the basis of income generated from the project.

It has been further stated that the project is not of a permanent nature and therefore the services of the petitioner cannot be regularised against any permanent post, with all such posts being existent till the continuation of the project.

As regards the plea of the petitioner that the services of his juniors, namely Manju Verma and Suman (respondents no.3 and 4) having been regularised and he being therefore entitled to the same benefit, the order states that Manju Verma was an employee of the Society itself and therefore her services were regularised by the Society, and as regards Suman, she was regularised by the St. Johns Ambulance Association which is a separate entity that has nothing to do with the Society 'so far as their respective employees are concerned'.

On the aforesaid reasoning, the petitioners case has been rejected.

4. The petitioner first challenged the impugned order by way of again filing an Original Application, No.060/00778/HR/2014, before the Central Administration Tribunal. That application was dismissed by the Tribunal on 28.08.2015, for want of jurisdiction, with the petitioner however given the liberty to approach the appropriate legal forum.

Thereafter, the present petition came to be filed, in October 2015.

5. In the petition, essentially of course the petitioner has, other than giving the functions of the Society etc., reiterated that he having been appointed to the post of a Chowkidar on 20.08.1990 on a daily wages basis, in fact by the Secretary of the Society, when he went to the office the Society to join on that date itself, he was asked to report to the Warden of the Working Womens Hostel run by the Society, upon which he joined as such, with his joining letter having been endorsed by the Warden on that date itself (copy Annexure P-1).

It has next been contended in the petition that though the petitioner was appointed as a Chowkidar in the year 1990, ever since then, for the past 25 years (at the time of filing of the petition), he has actually worked as a Peon in the Society, performing such duties to everyones satisfaction, with an unblemished service record, with certificates to that effect having bee