ORDER
V.K. Majotra, Vice-Chairman (A)
1. By virtue of this OA, applicant has sought quashment of orders dated 28.1.2005 and 13.6.2005 whereby respondents have not treated the period of applicant’s service from 29.4.1975 to 31.3.1980 as regular and as such applicant was not able to enjoy the benefit of second financial upgradation under the ACP Scheme. Admittedly, applicant was appointed as Hindi Lecturer in a purely temporary capacity on 13.5.1975 for a fixed period i.e. from 29.4.1975 to 28.7.1975, which was continued from time to time till 19.3.1980. It has been contended that while the applicant’s services were regularized vide Annexure A-9 dated 19.3.1980 w.e.f. 19.3.1980, various other similarly situated persons were regularized from the date of their initial appointment vide Annexure A-10 dated 19.3.1980. It is thus alleged that applicant has been discriminated against.
2. Obviously, the relief of reckoning the period of adhoc service from 29.4.1975 to 31.3.1980 as regular period is based on the foundation of applicant’s service between the period from 29.4.1975 and 31.3.1980. The foundation for the cause of action being the period prior to 31.3.1980 takes out the present matter from the jurisdiction of this Tribunal in terms of Section 21(2)(a) of the Administrative Tribunals Act, 1985. The related provision reads as follows:
(2) Notwithstanding anything contained in Sub-section (1), where –
(a) the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the Tribunal becomes exercisable under this Act in respect of the matter to which such order relates ; and
(b) no proceedings for the redressal of such grievance had been commenced before the said date before any High Court, the application shall be entertained by the Tribunal if it is made within the period referred to in Clause (a), or , as the case may be, Clause (b), of Sub-section (1) or within a period of six months from the said date, whichever period expires later.
3. Learned Counsel for respondents has also raised this plea in his submissions.
4. At this stage learned Counsel for applicant seeks and is allowed to withdraw this OA with liberty for presenting the matter before an appropriate forum.