Central Administrative Tribunal - Ernakulam
Chandran K vs Space on 28 February, 2024
1
Central Administrative Tribunal
Ernakulam Bench
O.A No.180/00115/2024
Wednesday, this the 28th day of February, 2024
CORAM:
Hon'ble Mr. Justice K.Haripal, Judicial Member
1. Chandran K.,
Aged 56 years, S/o. Kunjan Nadar,
Gang Labourer, Staff Code No. LV 69902,
LPSC/ISRO, Valiyamala, Thiruvananthapuram -- 695547,
Residing at Kattuvetty Veedu, Perila, Chullimanoor P.O.,
Thiruvananthapuram - 695541
2. Sajan D.L.,
Aged 53 years, S/o. Damodaran Nadar,
Gang Labourer, Staff Code No. LV 69912,
LPSC/ISRO, Valiyamala, Thiruvananthapuram -- 695547,
Residing at Amal Nivas, Mannarkonam, Chullimanoor P.O.,
Thiruvananthapuram -- 695541.
3. Ajikumar S.,
Aged 55 years, S/o. Sreedharan,
Gang Labourer, Staff Code No. LV 69900,
LPSC/ISRO, Valiyamala, Thiruvananthapuram -- 695547,
Residing at Mannarkonam Thadatharikathu Veedu,
Chullimanoor P.O.,
Thiruvananthapuram -- 695541.
2
4. Deepu V.,
Aged 53 years, S/o. Velukutty,
Gang Labourer, Staff Code No. LV 69903,
LPSC/ISRO, Valiyamala, Thiruvananthapuram -- 695547,
Residing at Nirmala Bhavan, 16th Stone, Chullimanoor P.O.,
Thiruvananthapuram -- 695541.
5. Manikandan Pillai K.,
Aged 54 years, S/o. Krishna Pillai,
Gang Labourer, Staff Code No. LV 69907,
LPSC/ISRO, Valiyamala, Thiruvananthapuram -- 695547,
Residing at Arya Vihar, Valiyavila, 16th Stone, Chullimanoor P.O.,
Thiruvananthapuram -- 695541
6. Rajendran Pillai,
Aged 54 years, S/o. Krishna Pillai,
Gang Labourer, Staff Code No. LV 69910,
LPSC/ISRO, Valiyamala, Thiruvananthapuram -- 695547,
Residing at Thiruvathira, Rodarikathu Veedu,
Mannoorkonam, Chullimanoor P.O.,
Thiruvananthapuram -- 695541.
7. Sebastian M.,
Aged 56 years, S/o. Manian,
Gang Labourer, Staff Code No. LV 69913,
LPSC/ISRO, Valiyamala, Thiruvananthapuram -- 695547,
Residing at Sarun Bhavan, Vaikkekonam, Kizhakkumkara,
Panacode P.O., Uzhamalakkal, Aryanad,
3
Thiruvananthapuram -- 695542.
8. Sunil D.,
Aged 56 years, S/o. Damodaran Nadar,
Gang Labourer, Staff Code No. LV 69917,
LPSC/ISRO, Valiyamala, Thiruvananthapuram -- 695547,
Residing at Sunil Bhavan, Mannnarkonam,
Chullimanoor P.O., Thiruvananthapuram -- 695541.
9. Mathusoodanan M.,
Aged 59 years, S/o. Madhavan,
Gang Labourer, Staff Code No. LV 69906,
LPSC/ISRO, Valiyamala, Thiruvananthapuram -- 695547,
Residing at Kuzhivila Puthenveedu, Nedumpa,
Panayamuttam P.O.,
Thiruvananthapuram -- 695561. - Applicants
(By Advocates: Dr.K.P.Satheesan,Sr Advocate, Mr.R.Bhaskara Krishnan)
Versus
1. Union of India,
Represented by its Secretary,
Department of Space,
3rd Floor, Lok Nayak Bhavan, New Delhi -- 110001.
2. The Chairman,
Indian Space Research Organization, Antariksh Bhavan,
New BEL Road, Bengaluru -- 560094.
4
3. The Director,
Liquid Propulsion System Centre, Valiyamala,
Thiruvananthapuram -- 695547.
4. The Controller,
Liquid Propulsion System Centre, Valiyamala,
Thiruvananthapuram -- 695547 - Respondents
(By Advocates : Mrs.O.M.Shalina, SCGSC)
The O.A having been heard on 28th February, 2024, this Tribunal on
the same day passed the following :
O R D E R (ORAL)
Heard the learned counsel for the applicants. Smt.O.M.Shalina, SCGSC takes notice for all the respondents.
2. The applicants are Gang Labourers working in Liquid Propulsion System Centre, Valiyamala, Thiruvananthapuram. It is submitted that they are working as such for the last 20-30 years. They want to extend the benefit of Annexure A-3 "Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993" introducted on 18.10.2012 whereunder such Gang Labourers are being regularised on a 2:1 ratio (two out of every three vacancies in Group 5 D cadres). Relying on the decision of the Madras Bench of this Tribunal in Annexure A-5 order in O.A No.455/2009 which stands confirmed by Annexure A-6 judgment of the Hon'ble High Court of Judicature at Madras and Annexure A-7 order of the Hon'ble Supreme Court in Special Leave to Appeal (Civil) No.19200/2011, it is submitted that similar benefit was granted to similarly placed employees who were working in LPSC at Mahendragiri, Department of Space, Tirunelveli District, Government of India etc.
3. Seeking to extend the benefits, the applicants gave Annexure A-4 representation before the second respondent on 4.3.2023, but no action has been taken. Aggrieved, they have approached the Tribunal seeking a direction to the 2nd respondent to consider and pass appropriate orders on Annexure A-4 representation within a time frame.
4. When taken up, Mr.Sabu Pullen representing Dr.K.P.Satheesan,Sr., learned counsel for the applicants submits that the applicants will be satisfied if a direction is given to 2 nd respondent to consider and dispose of Annexure A-4 representation at the earliest, 6 bearing in mind the benefits accrued to the similarly placed employees of LPSC.
5. After hearing counsel on both sides, there will be a direction to the 2nd respondent to consider and dispose of Annexure A-4 representation through a speaking order within a period of two months from the date of receipt of a copy of this order.
The Original Application is disposed of as above. No costs.
(Dated this the 28th day of February, 2024) Justice K.Haripal Judicial Member sv 7 List of Annexures Annexure A1- True copy of the Office Memorandum having File No.49014/3/2014-Estt(C) dated 16.10.2014 issued by the Department of Personnel & Training Annexure A2- True copy of the letter No.3/2(2)(CA No.101/11)/12-DLS dated 18.10.2012 issued by the 3rd respondent to the 1st applicant Annexure A3- True copy of the relevant pages of the scheme issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training, Casual Labourers (Grant of Temporary Status and Regularisation) Scheme with effect from 1.9.1993 Annexure A4- True copy of the representation filed by the applicants dated 4.3.2023 addressed bo the 2nd respondent Annexure A5- True copy of the order dated 9.3.2010 in Original Application No.455/2009 of the Hon'ble CAT, Madras Bench Annexure A6- True copy of the Judgment dated 14.3.2011 in Writ Petition No.19634 of 2010 and M.P No.1 of 2010 of the High Court of Judicature at Madras Annexure A7- True copy of the Order dated 29.7.2011 in Special Leave to Appeal (Civil) No.19200/2011 of the Hon'ble Supreme Court ///