Long-serving casual workers entitled to regularization with age/qualification relaxation when similarly situated peers regularized and posts available, upholding Art.14 equality.

ORDER

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The present Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act 1985 seeking the following relief:-

(i) That the impugned order dated 08.05.2020 (Annexure A-15) be quashed and set aside being illegal and arbitrary.

(ii) That the respondents be directed to regularize the services of applicants by granting them relaxation in age and qualification, keeping in view the fact that the co-applicants in earlier rounds of litigations have been regularized by granting them relaxation in age and qualification and in terms of earlier directions of this Tribunal.

(iii) That the action of the respondents in not relaxation in age and qualification to the applicants be declared illegal and arbitrary.

2. The factual matrix of the case is that the applicant no. 1 joined service on 05.08.1989 and applicant no. 2 joined service on 10.11.1990 as Room Attendant on daily wage basis with the respondent no.

3. They were granted temporary status w.e.f. 01.09.1993 vide office orders dated 06.11.2009 and 09.09.2010 (Annexures A-2 and A-3 respectively) in terms Grant of Temporary Status (Regularization) Scheme 1993. The applicants along with others filed O.A. No.28/CH/2011 and 999/CH/2012 seeking regularization of their services, which was disposed of vide order dated 09.10.2012(Annexure A-4) with the directions to the competent authority to consider the pleas raised by the applicants for regularization within a period of two months. The respondents rejected their claim vide order dated 09.04.2013 (Annexure A-5) on the ground that none of the applicants fulfils the requisite qualification. The applicants filed O.A. No. 1172/CH/2013 (2ndround of litigation) challenging the order dated 09.05.2013, which was disposed of vide order dated 11.09.2013 (Annexure A-6) with the directions to place the matter before the Home Secretary and if required before the Administrator also qua the claim of the applicants in the light of the facts noticed in the order including relaxation of qualifications and take a final decision within a period of two months. Applicants filed CP No. 060/107/2014 (3rdround of litigation) alleging non-compliance of the order dated 11.09.2013. During the pendency of the C.P., the respondents regularized the services of three temporary status persons against the post of Waiter and Peon vide order dated 08.08.2014 i.e. namely Sh. Roshan Lal Waiter, Sh. Raj Kumar Waiter and Sh. Bahadur Singh, Waiter, vide order dated 08.08.2014 (Annexure A-7 colly) by granting relaxation in age and qualification. The respondent no. 3 passed an order dated 07.11.2014 (Annexure A-8) stating that the as and when 7 lapsed posts are revived, the case of regularization of the applicants will be considered on priority basis against the Group D posts in terms of order dated 11.09.2013 and that in the present situation, the plea for regularization of the services of the remaining applicants cannot be acceded to, at this stage. The respondent no. 3 placed on record an order dated 11.03.2015 (Annexure A-10) stating that in view of the non-availability of Group D vacancy in this department, the claim of applicants/petitioners to consider for regularization of their services in this department is not within the power/competency of this department. The CP No. 107/2014 was disposed of vide order dated 12.03.2015, with liberty to the applicants to challenge the order dated 11.03.2015 on original side. Later on, vide order dated 22.05.2015, the service of Sh. Tek Chand were regularized pursuant to the orde