08 August 2019 –
Central Administrative Tribunal (C.A.T.), Principal Bench, New Delhi – C.A.T. directed
the Ministry of Law & Justice, Government of India, to regularize the
service of a Part-Time Sweeper/Peon retrospectively w.e.f. the year 2010.
In the year
1991, Smt. Sunheri Devi was appointed as a part-time Sweeper by the Ministry of
Law & Justice, Government of India. Despite working continuously for more
than 2 decades, her services were not regularized. Being aggrieved by
non-regularization of her service, Smt. Sunheri Devi filed an Original Application
(O. A. No. 2563/2014) before the Central Administrative Tribunal (C.A.T.),
Principal Bench, New Delhi, thereby seeking regularization of her service.
Anuj Aggarwal, Advocate,
counsel of Smt. Sunheri Devi, submitted that Smt. Sunheri Devi was working on
full time basis but was illegally designated as “part-time”. She was doing the identical
work and was discharging the identical duties which were performed by her counterparts
who were, however, treated as regular/permanent employees. It was also
submitted that in the year 2010, her juniors were regularized whereas she was
not even considered for regularization by the Ministry of Law & Justice, Government
of India. It was further submitted that the respondent, being a Government Department,
should have acted as a model employer and ought not to have indulged in the
exploitative practice. In support of his contention, the counsel for the
applicant relied upon the law declared by the Hon’ble Supreme Court in the
cases of Narendra Kumar Tiwari and
Others Vs. State of Jharkhand and Others [(2018) 8 SCC 238)] and Sheo Narain Nagar and Others Vs. State of
Uttar Pradesh and Another [(2018) 13 SCC 432].
Hon’ble Mr. S. N.Terdal, Member (J)
& Hon’ble Mr. Pradeep Kumar, Member (A), Central Administrative Tribunal (C.A.T.),
Principal Bench, New Delhi, vide Order dated 08 August 2019, appreciating the
submissions made by the counsel for the applicant, directed the Ministry of Law
& Justice, Government of India, to regularize the service of the applicant with
effect from the date on which her junior (Shri Gajender) was regularized with
all the consequential benefits.
Anuj aggarwal
Advocate
483, Block-2,
Lawyers Chamber,
Delhi High
Court, New Delhi – 110003
Mob – 9891403206
No comments:
Post a Comment