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In this case of KAMLESH VERSUS UNION OF INDIA THROUGH SECRETARY DEPARTMENT OF POST & ORS, the appellant has filed an appeal challenging the legality and correctness of the order dated 29.08.2008, whereby the High Court of Delhi has dismissed the C.M. Application No. 8277 of 2008, arising out of W.P.(C) No. 9282 of 2004.The appellant was appointed as Extra Departmental Employee at village Pooth Kalan Post Office, on provisional basis. On the basis of an order passed by the Central Administrative Tribunal (for short ‘the Tribunal’) dated 05.02.2003, the appellant made a representation for regularization of service with benefits of seniority. This representation was rejected by the third respondent, by order dated 28.04.2003. The appellant challenged the said order by filing O.A. 1736 of 2003 before the Tribunal. The Tribunal dismissed the said O.A. by order dated 07.05.2004.
The respondent passed an order on 20.05.2004 discontinuing the service of the appellant with immediate effect. In the meantime, the appellant filed W.P. No. 9282 of 2004, challenging the legality and correctness of the order passed by the Tribunal dated 26.05.2004. Thereafter, the appellant also challenged the order of discontinuation of her service dated 20.05.2004, by filing an application in the writ petition. In the said case, the question for consideration was whether the appointee can seek regularization by reason of prolonged service. After considering this question in detail, the Court dismissed the writ petition by order dated 08.07.2004. Thereafter, the appellant filed a Review Application, against the said order which was also dismissed by the High Court on 03.12.2004. The appellant filed a Special Leave Petition seeking leave to challenge the orders of the High Court dated 08.07.2004 and 03.12.2004. The Special Leave Petition was dismissed by this Court on 28.03.2008 granting liberty to the appellant to approach the High Court for appropriate reliefs.
Accordingly, the appellant filed a Miscellaneous Application No. 8277 of 2008 in Writ Petition No. 9282 of 2004. The High Court by the impugned order has dismissed the miscellaneous application. On 14.03.2011, this Court passed an order directing reinstatement of the appellant to the post of EDE, where she was working before her termination and further, she was directed to be paid on the same basis as other similarly situated employees are being paid on regular basis. Subsequently the appellant filed an appeal in the supreme court, the court after hearing the appeal held “We do not find any error in the order impugned in this appeal. However, the appellant shall be permitted to continue to hold the post of EDE till regular appointment is made to the said post. She is not entitled for any back wages. With these observations, the appeal is dismissed without orders as to costs.”
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