ORDER

BY MALLIKA ARYA, AM:-

1.The applicant in this case of regularization is praying for the following relief(s):-

“8(8.1) To command the respondents to produce all relevant NAMDEO . : - . records/instructions pertaining to the case.

8.2 To kindly command respondents to consider case of applicant for regularization taking to consideration that applicant had already attend temporary status long back as such applicant should have been considered for regularization in the light of O.M. dated 16/10/2014. Further case of applicant is identical to that of Ramesh Kumar and also Ishwardas & others.

8.3 All consequential benefits including arrears of pay and seniority may kindly be ordered to be granted.

8.4 Any other relief which Hon'ble Tribunal may kindly consider reasonable.

8.5 Cost of the petition be kindly allowed.”

2. The brief facts of the case is that the applicant joined CPWD as Beldar on Hand Receipt basis in the year 1990 and is presently working as plumber in the buildings of office of Central Excise and Income Tax office, Ujjain. Some of the workers in the same zone and who are identically placed have been regularized and are being paid regular pay scale as a result of the decision of Hon'ble CAT Jabalpur passed in O.A. 786/1996 dated 01.01.1997, (Ishwardas and others vs. U.O.1.& Ors.). The order was also upheld by Hon'ble M.P. High Court. Most of the labours who were regularized were even junior to applicant. The applicant along with 4 others filed Original application before this Tribunal which was registered as OA 227/2003. Based on the decision passed in OA 786/1996 Ishwardas (Supra), a common order was passed by This Tribunal on 8.12.2004 holding that “In the facts and circumstances of the case we are of the view that the respondents should RAJUIteat the applicants as causal labourers for the entire period of their NAMDEO gagement and regularize their services in accordance with the law " within a period of six months. The application is accordingly allowed. The parties shall bear own costs." The respondents challenged the order before Hon'ble M.P. High Court which was registered as W.P. 4835/2005. Honble High Court had been pleased to dispose off the Writ Petition stating that "In view of the submissions made by the learned counsel for parties and as agreed by them, the order dated 8.12.2004 passed by the Central Administrative Tribunal is modified and it is hereby directed that the petitioners shall consider the cases of the respondents for regularization in the light of office memorandum dated 16/10/2014 issued by the Government of India within the period of three months from the date of receipt of the certified copy of this order.” The contention of the applicant is that the respondents have overlooked the case of the applicant who is continuously working since 1990 till date but his case has not been taken into consideration for regularization of service. Hence this O.A.

3. The respondents have filed their reply wherein it has been stated that the applicant had never joined as Beldar in the department but was engaged by Assistant Engineer as a contractor for providing services of a Beldar through a work order under his own financial powers. He was employed to attend the repairs minor work at Income Tax & Central RAJUEXcise Department Ujjain. The case of the applicant for regularization NAMDEO s been duly considered. The applicant had earlier filed application . seeking the same relief in O.A. No.1050/2000 and CCP No.24/2002 on the same grounds. In pursuance of the direction of this Hon'ble Tribunal in previous round of litigation, the case of the applicant has been considered and by a reasoned order, his application for regularization has been decided vide order dated 11.02.2016 and decision has been communicated which has been impugned herein.

3.1 The respondents have further submitted that the O.M. dated 16.10.2014 (Annexure- II) itself provides for consideration of the cases for regularization and the case of the app