Central Administrative Tribunal - Delhi
Shri Anand Singh vs Union Of India Through on 20 December, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH OA No.4335 OF 2012 New Delhi, this the 20th December, 2012 HONBLE DR. VEENA CHHOTRAY, MEMBER (A) HONBLE DR. DHARAM PAUL SHARMA, MEMBER (J) Shri Anand Singh, S/o Shri Bhopal Singh, R/o F-228, Harsh Vihar, Hari Nagar, Part-III, Jaitpur, Badarpur, New Delhi-110044. .Applicant (By Advocate : Shri R.K. Sharma for Shri Vikas Sharma) Versus Union of India through 1. The Secretary, Ministry of Law & Justice, Department of Legal Affairs, Shastri Bhawan, 4th Floor, Dr. Rajendra Prasad Road, New Delhi. 2. The President, ITAT, Pratishtha Bhawan, (OLD CGO Building), 4th Floor, 101, Maharshi Karve Marg, Mumbai-400020. 3. The Vice-President, Income Tax Appellate Tribunal, 11th Floor, Lok Nayak Bhawan, Khan Market, New Delhi. 4. The Registrar, Income Tax Appellate Tribunal, 11th Floor, Lok Nayak Bhawan, Khan Market, New Delhi. ..Respondents. ORDER (ORAL) Honble Dr. Veena Chhotray, Member (A) :
The applicant had been appointed as a Chowkidar/Peon on adhoc basis under the respondents initially vide order dated 26.6.2006 and had continued as such. He is aggrieved of non-consideration of his case for regularization like his juniors Shri Rajesh Kumar and Kailash Ram (relevant order dated 15.9.2009 is at page 47C of the OA). It has also been submitted that after the same being pointed out, a request for regularisation of his case as well, the respondents vide oral directions on 15.6.2012 asked the applicant not to discharge his duties. The representation dated 20.6.2012 (Annexure A) and demand notice dated 4.9.2012 (Annexure A) submitted by the applicant to the respondents have yet not been responded to.
2. Shri R.K. Sharma, learned counsel for the applicant would submit that at this stage, the applicant would be satisfied by issuance of directions to the respondents for considering his aforesaid representation/demand notice under Section 2A of the Industrial Dispute Act. This is also the relief prayed for as per Para 8 (I) of the OA.
3. In view of the above, we dispose off this Original Application by this in limine order directing the respondents to consider the representation dated 20.6.2012 and demand notice dated 4.9.2012 and pass a reasoned and a speaking order thereon within a period of two months from the date of receipt of a copy of this order and convey their decision to the applicant.
We make it clear that we have not gone into the merits of the case and directions so issued would not prejudice the rights of the respondents in any manner whatsoever.
Registry is directed to ensure the receipt of a copy of this order along with a copy of the OA to the respondents.
( Dr. Dharam Paul Sharma ) ( Dr. Veena Chhotray )
Member (J) Member (A)
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