Search Results Page
Search Results
1 - 7 of 7 (0.23 seconds)Vishvendra Singh vs Union Of India & Anr on 12 August, 2022
11. We are also in agreement with the judgments
relied by the official respondents and more
particularly in an identical case decided by this
Bench of the Tribunal vide order dated
30.05.2017 in a bunch of cases, namely O.A. No.
206/2016, (Vishvendra Singh & Ors. vs. Union of
India & Ors.), & OA No. 207/2016 (Bhagwan
Singh & Ors. Vs. Union of India & Ors., and other
connected OAs, wherein this Tribunal has
dismissed these OAs lacking in merit.
Bhagwan Dass Pawaiya And Ors. vs Union Of India And Ors. on 24 November, 1989
11. We are also in agreement with the judgments
relied by the official respondents and more
particularly in an identical case decided by this
Bench of the Tribunal vide order dated
30.05.2017 in a bunch of cases, namely O.A. No.
206/2016, (Vishvendra Singh & Ors. vs. Union of
India & Ors.), & OA No. 207/2016 (Bhagwan
Singh & Ors. Vs. Union of India & Ors., and other
connected OAs, wherein this Tribunal has
dismissed these OAs lacking in merit.
Bharat Heavy Electricals Ltd. vs Mahendra Prasad Jakhmola . on 20 February, 2019
1799-1800 of 2019
(Bharat Heavy Electricals Ltd. vs. Mahendra
Prasad Jakhmola & Ors., decided on 20th
February 2019.
Rakesh Gothwal S/O Shiv Ram vs Union Of India Through The Secretary To ... on 20 October, 2016
The present case of the
applicants is almost identical to the judgment /
order dated 27.09.2021 passed by this very
Bench of the Tribunal in OA No. 396/2019
12
OA No. 774/2019
(Rakesh Kumar Gothwal & Ors. vs. Union of India
& Ors.).
Section 19 in The Administrative Tribunals Act, 1985 [Entire Act]
Kailash Prasad Meena vs Union Of India & Ors on 31 May, 2017
2(b). The applicant further states that he was not well
and was suffering from dengue. But when he was fit,
he was not taken back in service and was
communicated order dated 07.11.2019 by which his
services were dispensed with as per the directions of
the office. He along with few others had filed an OA
before this Tribunal for pay revision and during the
pendency of that OA, he has been communicated the
order dated 07.11.2019 (Annexure A/1) whereby his
services have been discontinued. The applicant is
working from the year 2013. Though his services are
obtained from service provider agency but it is the
respondent-department only who has direct control
over the working of the applicant. The Hon'ble
Rajasthan High Court in the case of Kailash Meena &
Ors. vs. UOI & Ors. has already directed the
respondents to discontinue the contract system and
engage the employees directly. Also in pursuance of
the observations of Hon'ble High Court, respondents
have passed order dated 07.02.2018 (Annexure A/4)
by which they have discontinued the contract system.
However, the benefits have been given only to those
who were the party before the Hon'ble High Court.
4
OA No. 774/2019
The applicant is entitled for continuation in service.
Those who were engaged after the applicant are
continuing in service. The discontinuation of services
of the applicant is clear violation of Section 19 (4) of
the Administrative Tribunals Act, 1985. Thus, being
aggrieved by discontinuation from service, applicant
has approached this Tribunal praying for his
continuance in service on contractual basis.
1