Union of India, Through its Revenue Secretary v. Manisha Ganesh Khopkar
Case brief
What is this about?
Regularization of casual labourer with temporary status (CLTS), Central Excise Department; temporary status granted 27.06.1995 (206 days completed); death 01.05.2021 (Covid-19) before formal regularization order despite recommendation; widow's representation for regularization as MTS and compassionate appointment for herself or son; DGHRD/DoP&T position that the 1993 scheme has no retrospective regularization; departmental objection that deceased was 'not directly engaged by CCA' held merely technical; delay and laches attributable to department; comparison with co-worker Deepak Padaya regularized as MTS; Tribunal finding that appointment was irregular but not illegal with 10 years' service; Article 226 writ petition against CAT Mumbai Bench O.A. No. 41 of 2023 (order dated 26.03.2023); writ petition dismissed; three months to comply with Tribunal's order.
What did the court decide?
No relief to the petitioners; the Tribunal's order stands. On the oral prayer of the petitioners' counsel, three months' time was granted to comply with the impugned order passed by the Tribunal.