UNION OF INDIA & ORS. versus CENTRAL ADMINISTRATIVE TRIBUNAL & ORS. ETC.ETC.

UNION OF INDIA & ORS. versus CENTRAL ADMINISTRATIVE TRIBUNAL & ORS. ETC.ETC.

The process of regularization of casual workers must be carried out strictly according to the seniority list as previously directed by the Tribunal and affirmed by the High Court. Arbitrary selection of juniors for regularization to the exclusion of seniors is unfair and unlawful. Directions to consider...

Source-derived case information.

Parties
Appellant: Union of India & Ors.; Respondent: Central Administrative Tribunal & Ors.
Jurisdiction
India
Judgment Date
08 January 2019
Procedural Posture
Civil Appeal / Supreme Court Appeal Against Allahabad High Court Judgment Dated 19.07.2013
Outcome
Appeals disposed of.
Legal Topics
Regularization of Workers, Seniority in Employment, Arbitrariness in Regularization, Multi Tasking Staff Recruitment Rules
Service Law Regularization of Workers Seniority in Employment Arbitrariness in Regularization Multi Tasking Staff Recruitment Rules

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Summary, issues, holding and outcome

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Parties

Union of India & Ors.

Appellant

Central Administrative Tribunal & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal Against Allahabad High Court Judgment Dated 19.07.2013

Legal Issues

  1. 1 Whether casual Group ‘D’ workers engaged at the Regional Training Institute are entitled to regularization of service as per their seniority.
  2. 2 Whether workers senior in the seniority list can be bypassed in regularization exercises in favor of juniors.
  3. 3 Whether the direction to consider regularization in establishments other than the Institute is legally permissible.

Ratio Decidendi

The process of regularization of casual workers must be carried out strictly according to the seniority list as previously directed by the Tribunal and affirmed by the High Court. Arbitrary selection of juniors for regularization to the exclusion of seniors is unfair and unlawful. Directions to consider regularization in other establishments are not sustainable in law. Those currently eligible as per seniority and vacancy should be considered strictly according to law, and retiral benefits must be computed on the basis of notional fixation as directed.

Court Disposition

Appeals disposed of.

Orders

  • Direction to consider regularization strictly in accordance with seniority list as per earlier Tribunal and High Court orders.
  • Regularization to be considered against presently existing vacancies in accordance with law.