Union of India & ANR. Vs. Indulal Joshi [2008] INSC
832 (7 May
2008)
CIVIL APPELLATE JURISDICTION CIVIL
APPEAL NO. 7703 OF 2002 UNION OF INDIA & ANR. .......APPELLANT(S) Versus ORDER Heard
learned counsel for the appellant. Despite notice, none appears on behalf of
the respondent.
Briefly stated, the facts are as
follows.
The respondent was engaged as a
casual labour sometimes in the year 1985.
In 1993, a scheme was formulated
stating that casual labours would be given temporary status of Group 'D' cadre
posts. Aggrieved thereby, the respondent raised the dispute before the Division
Bench of the High Court in Special Civil Application No.6369 of 2001. By its
impugned order, the Division Bench of the High Court directed that the
respondent be given pay protection in Group 'C' posts. In our view, the High
Court has erred in giving such direction. The scheme for temporary status was
formulated in 1993 only for Group 'D' temporary posts. No such scheme has been
formulated for the protection of Group 'C' posts.
.......2.
-2- In that view of the matter,
the order of the High Court is set aside. Appeal is allowed. No costs.
...........................J.
( H.K. SEMA ) New Delhi;
...........................J.
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