JUDGMENT
S.B. Sinha, C.J.
1. This writ petition is directed against an order dated
30.08.2000 passed by the Central Administrative tribunal,
Principal Bench, New Delhi (hereinafter referred to as, ‘the
Tribunal’) in O.A. Nos. 632 of 1997 and 645 of 1997
whereby and whereunder the original applications filed by
the petitioners herein were dismissed.
2. The petitioner joined the Department of Customs as
Preventive Officers through the Staff Selection
Commission’s Examinations (in short, ‘SSC’) held
from time to time. They were transferred to Delhi on
compassionate basis. They claimed for their
regularization.
3. A Division Bench of this Court while dealing with the
said matter in S.K. Sharma and Ors. v. Union of India and
Ors., in C.W.P. No. 5261 of 2000 by a judgment dated
18.4.2002 directed:-
“36. However, keeping in view the fact
that the Central Government itself in its
order dated 21.12.1991 categorically
stated that the petitioners may be held
to be on deputation till the general
decision taken by the Board regarding
filling up the posts, we are of the opinion
that it is a fit case where the Central
Government should take appropriate
decision as expeditiously as possible
having regard to the fact that more than
a decade has passed since issuance of
the said order. However, the
respondents having regard to the fact
that promotion had been denied to
them, their cases for promotion with
retrospective effect may be considered.
37. In view of the fact that the
respondent have taken categorical
stand as regards legal position obtaining
in relation to the petitioner, such of the
petitioners who may want to go back to
their parent. Department should be
allowed to do so.”
4. As the said writ petition, i.e., C.W.P. No. 5261 of
2000, arose out of the same judgment of the Tribunal
this writ petition is also disposed of on the same
terms and the directions issued in the said writ
petition which would govern this case also.
5. This writ petition is disposed of accordingly. However,
in the facts and circumstances of the case, there shall
be no order as to costs.