Research › Search › Judgment

Gauhati High Court · body

2017 DIGILAW 38 (GAU)

Secretary, Indian Council of Agricultural Research v. Bishnu Prasad Sharma

2017-01-09

AJIT SINGH, MANOJIT BHUYAN

body2017
JUDGMENT : AJIT SINGH, J. 1. This petition under Article 227 of the Constitution of India is directed against the order dated 25.6.2015 passed by the Central Administrative Tribunal, Guwahati Bench, whereby it has allowed respondent’s O.A. No. 219/2014. 2. The respondent has been working with the petitioners as an unskilled casual employee since 10.6.1985. He therefore claimed for grant of temporary status and regularization under the Scheme issued by the DOPT vide O.M. No. 51016/2/90-Estt.(C) dated 10th September, 1993 and adopted by Indian Council of Agricultural Research by Circular No. 24(15)/93-CDN dated 23rd November 1994. And on the recommendation of the Committee constituted vide order dated 24.3.2010, the respondent was granted temporary status vide order dated 27.11.2012. He therefore joined as TSN with effect from 29.11.2012. But later vide order dated 5.12.2012, Chief Administrative Officer, Indian Council of Agricultural Research stayed the order dated 27.11.2012 granting temporary status to the respondent. Aggrieved, the Respondent filed OA No. 219/2014, which the Tribunal has allowed by the impugned order with a direction that he shall be deemed to have been granted temporary status from the date, from which, the casual labourers junior to him, were granted temporary status and regularized. The Tribunal has also directed that respondent shall be entitled for consequential benefits including seniority, arrear of salary and counting of past service. 3. The learned counsel for the petitioners, at the outset, submitted that petitioners undertake to comply with the impugned order of Tribunal in letter and spirit, but an observation be made that it may not be treated as precedent. 4. We appreciate this positive stand of the petitioners and hope that the order of Tribunal will be immediately complied with in letter and spirit. We also observe that the order shall not be treated as precedent. 5. With the above observation, the petition stands finally disposed of.