ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief:

“This Hon'ble Tribunal may be pleased to call for the service records of the applicant and issue an order/ direction declaring the inaction of the respondents in not regularizing the service of the applicant from the date of recruitment and not extending the benefits thereon is illegal, arbitrary, discriminative and contrary and violation of this Tribunal’s order in O.A./868/1986, hence direct the respondents to regularize the service of the applicant from the date of initial appointment forthwith as per the direction in O.A./868/1986 and pay all the service benefits on par with juniors with all consequential benefits including the arrears of pay with interest and grant such other relief’s as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case in the interest of justice.”

2. The brief facts of the case, as contended by the applicant, are that he was appointed as Chowkidar on 04.12.1981 on casual basis and he continued in service till 31.12.1983 and subsequently he was appointed as Temporary USL w.e.f 02.01.1984 and later appointed as Chowkidar on 25.06.1987. The applicant worked on the said post till November, 1995. On completion of 240 working days required for regularization of his service, he along with 17 others approached the Hon’ble High Court vide W.P. 1689 of 1985, which was later transferred to this Tribunal and as T.A./868/1986. The applicant figured as Sl. No.l0 in that T.A. The said T.A. was allowed on 02.08.1988 by this Hon’ble Tribunal, with a direction to the respondents to regularize the applicants from the date of their recruitment, pursuant thereto, except Sl.No.9, 10 and 11, all other applicants were regularized by the respondents and were given all the benefits. The respondents kept the applicant in a temporary post and subsequently regularized his services on 25.06.1987 as unskilled labour, but his services were not regularized from the date of recruitment despite the Tribunal’s order. Recently, the respondents regularized the services of the junior of the applicant from the date of initial appointment and extended the entire service benefits to him. The said junior is made a party to this O.A. as respondent no.5, and he is drawing basic pay of Rs.9980/-, while the applicant is getting lesser basic pay i.e.Rs.9480/-. Since the respondents neither has regularized the service nor extended the benefits after lapse of 26 years, being aggrieved by the inaction of the respondents, the applicant approached this Tribunal and filed the present O.A.

3. When the matter is taken up adjudication, the learned counsel for the respondents submits that the matter is already subjudice before the Hon’ble Supreme Court, as the SLP being relied upon by the applicant’s counsel is already pending before the Hon’ble Supreme Court.

4. Heard both sides and perused the records.

5. It is to be noted that as the SLP being relied upon by the applicant’s counsel is already pending before the Hon’ble Supreme Court, hence the respondents are directed to regularize the service of the applicant from the date of his intial recruitment and extend the benefits, subject to the outcome of the SLP pending before the Hon’ble Supreme Court, if the outcome is in the favor of the applicants.

6. The O.A. is disposed of as indicated above. No order as to costs.

( SHALINI MISRA) ( DR. LATA BASWARAJ PATNE) ADMINISTRATIVE MEMBER JUDICIAL MEMBER /KR/