Court No. - 38
Case :- WRIT - A No. - 44344 of 2010 Petitioner :- Baboo Lal And Another Respondent :- Union Of India And Others Counsel for Petitioner :- P.K. Tripathi,Deepak Kumar Srivastava Counsel for Respondent :- Govind Saran,Prashant Mathur,S.C.
Hon'ble Ran Vijai Singh,J. Hon'ble Mukhtar Ahmad,J.
We have heard Sri Deepak Kumar Srivastava, learned counsel for the petitioners and Sri Prashant Mathur learned counsel appearing for the respondents.
By means of this writ petition, prayer has been made to issue a writ of certiorari quashing the impugned order dated 16.4.2010 passed by Central Administrative Tribunal, Allahabad passed in original application no. 1021 of 2004 (Baboo Lal & Anr. Vs. Union of India and Ors.) by which relief sought by the petitioners seeking regularization on group-D post has been refused on the ground that their appointment letter has not been approved by the competent authority, therefore, they were not entitled for their regularization.
We have gone through the entire judgement passed by the Central Administrative Tribunal, Allahabad and we do not find any error in the same otherwise also in view of the submission of Sri Prashant Mathur, learned counsel appearing for the respondents that petitioners have attained the age of superannuation long back, hence, no relief can be granted to the petitioners.
The writ petition is dismissed.
After the aforesaid order was passed learned counsel for the petitioners has shown the decision of the Apex Court passed in Vice Chancellor, Lucknow University, Lucknow Vs. Akhilesh Kumar Khare & Anr. [2015 (9) SCR 852] in his submissions, in view of the law laid down by the Apex Court, persons seeking regularization if have crossed the age of superannuation in that eventuality, they have to be paid compensation.
Consideration the facts that the petitioners' engagement was never made by the competent authority the benefit of the law laid down by the Apex Court in the case of Vice Chancellor supra in our opinion will not be available to the petitioners.
Order Date :- 27.3.2018 Fhd.