IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.04.2O09 CORAM: THE HONOURABLE Mr. JUSTICE P.K.MISRA and THE HONOURABLE Mr. JUSTICE D.HARIPARANTHAMAN W.P.No.6465 of 2006 and W.P.M.P.No.6970 of 2006 1.S.Jothi 2.K.Tamilmani .. Petitioners versus 1.The Central Administrative Tribunal By its Registrar, Chennai – 600 104. 2.Union of India Rep. by the Secretary Department of Personnel & Training Ministry of Personnel Public Grievances and Pensions New Delhi – 1. 3.The Director General Coast Guard Head – Quarters National Stadium Complex, New Delhi – 1. 4.The Commander Coast Guard Region (E) Near Coovam River Mouth, Madras. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of certiorari, calling for the records relating to the order dated 29.09.2005 made in O.A.No.612 of 2005 on the file of the Central Administrative Tribunal, Chennai Bench, Chennai, the 1st respondent herein and to quash the same. https://hcservices.ecourts.gov.in/hcservices/ For petitioners : Mr.R.Thanjan For respondents 2 to 4 : Mrs.Narmadha Sampath Addl.Central Govt. Standing Counsel O R D E R (ORDER OF THE COURT WAS MADE BY D.HARIPARANTHAMAN, J.) The present writ petition is filed against the order dated 29.09.2005 passed in O.A.No.612 of 2005 by the Central Administrative Tribunal, Chennai Bench, Chennai, which has been filed seeking regularisation of the services of the petitioners. 2.The first respondent – Tribunal rejected the claim of the petitioners in O.A.No.612 of 2005 dated 29.09.2005, relying on the decisions of the Honourable Apex Court made in Union of India Vs. Gagan Kumar reported in 2005 AIR SCW 3594 and in Union of India and another Vs. Mohan Lal and Others reported in 2002 SCC (L&S) 577. The Tribunal held that since the petitioners are Casual workers, they are not entitled to regularisation, particularly, when they did not come through selection process. 3.The learned counsel for the petitioners brought to our notice a subsequent communication made by the Joint Secretary (Revenue) dated 07.09.2007 wherein it is indicated as follows: "The daily wage workers engaged in some of the Commissionerates have been representing for regularization of their services. In this regard, attention is drawn to instructions issued by DoPT regarding engagement of casual labour and regularisation of certain categories of casual labourers against Grade D vacancies available. The Dopt vide their Om.No.49019/1/2006-Estt(C) dated 11th December, 2006 have also circulated regularisation, as a one time measure, the service of such irregularity appointed daily wagers who are duly qualified persons in terms of statutory recruitment rules for the post and who have worked for 10 years or more in duly sanctioned post, but not under cover of orders of Courts or Tribunals. You are requested to get the information collected as per the enclosed format from the field formations by 20th September, 2007 and send the same to the Revenue Headquarters. You are also requested to consider proposal for regularization of such daily wagers as may be covered as per the guidelines aforesaid". https://hcservices.ecourts.gov.in/hcservices/ 4.Subsequently, a circular has been issued by the department to the following effect: "In continuation of this Board's letter of even number dated 31.8.2007 on the above mentioned subject, I am directed to enclose herewith a copy of D.O.No.32020/45/2005-GAR dated 7.9.2007 received from Joint Secretary (Revenue, Hqrs) and as desired therein request you to send the requisite information in the prescribed proforma latest by 20.9.2007 for onwards transmissions to Revenue Headquarters". 5.Keeping in view the subsequent development, we feel that it is not necessary to go into the question raised in the writ petition and O.A. We feel that, interest of justice would be served by directing the concerned department to consider the matters afresh, in the light of the subsequent circulars dated 07.09.2007 and 13.09.2007. It is made clear that appropriate decision should be taken without being influenced by the observations made by the Tribunal. 6.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar / True Copy / Sub.Asst Registrar TK To 1.The Registrar The Central Administrative Tribunal Chennai – 600 104. 2.The Secretary Government of India Department of Personnel & Training Ministry of Personnel Public Grievances and Pensions New Delhi – 1. 3.The Director General Coast Guard Head – Quarters National Stadium Complex, New Delhi – 1. https://hcservices.ecourts.gov.in/hcservices/ 4.The Commander Coast Guard Region (E) Near Coovam River Mouth, Chennai. + 1 CC to Mr.R.Thanjan,Advocate,SR.16508 W.P.No.6465 of 2006 PVR(CO) EM/25.5.09 https://hcservices.ecourts.gov.in/hcservices/