UNION OF INDIA Vs. KAMLA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) The respondent's husband was a canteen employee. He was appointed on 1st december 1979. On 12.7.1990 he retired on medical grounds. In the meanwhile, the government had issued a Notification on 11.12.1979 by which with effect from 1.10. 1979 the Government would treat all posts in canteen and tiffin rooms run departmentally by the Government of India as civil posts. It was made clear by Notification dated 11.12.1979 that all present and future incumbents of the posts would qualify as holders of civil posts under the central Government and that necessary rules governing their conditions of service would be framed under proviso to Article 309 of the Constitution of India to have retrospective effect from first day of October, 1979.

(3.) The workers of the canteens then filed proceedings under Article 32 before this court for enforcement of their rights claiming inter alia parity with railway employees. The workers of three classes of canteens were the claimants viz. (i) Statutory canteens (ii) Non-statutory recognized canteens and (iii) non-statutory non-recognized canteens.