VidhiSangh

Supreme Court of India · 11/12/2018

UNION OF INDIA AND OTHERS versus DYALU RAM

[2018] 14 S.C.R. 941 · 2018 INSC 1188

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside reinstatement directions concerning casual cooks paid from regimental funds. Applying the settled status of unit-run canteen employees, it held that they were neither government servants nor holders of civil posts under the Union, so the Central Administrative Tribunal lacked jurisdiction. Their continued engagement remained for the regimental authorities, who could take a sympathetic view of their long service.

Issues

  1. Whether the Central Administrative Tribunal could entertain termination claims by the regimental-fund workers.
  2. Whether the cited Defence Ministry regularisation memorandum covered them.

Provisions considered

Held

Result

Appeals allowed without costs; High Court judgment set aside and the original applications before the Tribunal dismissed. Further continuance left to the regimental-canteen authorities.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 941.