RAM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in each of these applications under Art. 32 of the Constitution is a workman engaged on terms of casual labour for periods varying between 10 and 16 years in the Construction Department of the Signal Unit in the Northern Railway. All the writ petitions having been disposed of by a common judgment as quesions of law and fact involved therein are similar.

(2.) The petitioners alleged that notwithstanding the fact that each of them has put in continuous service for quite a long period, the Railway Administration, respondent herein, has not treated them as temporary servants and has applied discriminatory rates of wages. They have asked for a direction to treat the petitioners at par with maintenance workers and to declare that they are entitled to equal pay for equal work and have asked for their absorption in the regular cadre in the permanent category as per the circulars issued by the respondents. A number of documents and circulars issued by the Administration have been produced in support of their claim.

(3.) The Senior Signal and Telecom Engineer (Power Signalling) has filed a counter-affidavit on behalf of the respondents challenging the claim of the petitioners. According to the respondents five out of the forty-four petitioners in this group of writ petitions had undergone medical examination and were granted temporary status as Khallasis. One of them has been directed to be absorbed against a permanent vacancy in the open line; five others have refused to go to the open line for permanent absorption. He further averred that though prior to the issue of the Railway Boards directions on Jan., 1, 1984, project casual labourers were not entitled to all the privileges like House Rent Allowance, City Compensatory Allowance, Casual Leave, Increment, etc., they are now entitled to all the privileges as applicable to open line temporary railway servants after attaining temporary status. In Para 23 of the counter-affidavit, it has been specifically pleaded that as per the extant rules, temporary status will first be given in the cadre of Khallasi and then promotion to skilled category after conducting the trade-test is admissible A further detailed counter-affidavit has again been filed by another Senior Signal and Telecom Engineer, wherein along with the affidavit particulars of service of each of the petitioners have been provided. Petitioners have filed a Rejoinder.