UNION OF INDIA Vs. M DHARANI

JUDGEMENT

(1.) This is an appeal from a judgment and order of the central Administrative tribunal, Ernakulam bench, dated 23/4/1993. The respondents, who are four in number, were engaged as tracers. According to the appellants, they were appointed in short-term vacancies either against leave vacancies or to meet additional commitments of urgent nature of the Navy. The respondents were so employed in the Directorate of Installation, Naval Training, Cochin. Respondents 1 to 4 were engaged for the first time on 18/10/1984, 5/2/1986, 18/8/1986 and 3/11/1986 respectively. They were continued in employment with breaks in service. Their services were regularised with effect from 30/8/1991 on terms and conditions set out in the letter granting them regularisation. The respondents moved the central Administrative tribunal, Ernakulam bench, claiming regularisation from their date of initial appointment as casual workers and for all consequential benefits. Their application is allowed. Hence this appeal.

(2.) Under the Ministry of Defence Letter No. 3 (3/65/118203 dated 26/9/1966, as amended from time to time, the terms and conditions under which the service of casual employees could be regularised were set out. Under clause (a) of that letter non-industrial personnel who had been employed for more than one year without break should be converted into regular employees with effect from the date of their initial employment as casual employees if the commandants etc. are satisfied that their services will be required on a long-term basis. The terms and conditions of regularisation of service of casual non-industrial employees were further laid down in the letter of the Ministry of Defence dated 24/11/1967. Clause 2 of this letter sets out that the past service rendered from the date of appointment by such of the casual non-industrial personnel who are converted as regular non industrial employees, will be treated as having been rendered in the regular capacity. However, by a further letter from the Ministry of Defence (corrigendum) dated 27/5/1980, amendments were made, inter alia, in clause 2 of the letter of 24/11/1967. Clause 2 of the letter of 24/11/1967 as amended provided that on regularisation the employees will be entitled to all benefits as for regular employees excepting seniority, probationary period and grant of quasi-permanent status which aspects will be regulated under orders issued from time to time. Service rendered on casual basis prior to appointment on regular basis shall not count for seniority. Thus after the letter of 27/5/1980, on regularisation, for determining the seniority of employees whose services were regularised, their service as casual employees could not be taken into account. All these letters were superseded by the letter of 31/1/1991 issued by the Ministry of Defence. It said that henceforth, the terms and conditions of employment of casual labour and regularisation of their services will be done on conditions laid down in the letter of 31/1/1991. The revised instructions which would govern such regularisation are set out therein. Under clause 3, the regularisation of service of non-industrial casual personnel already appointed shall be regulated as laid down in that clause. Sub-clauses (f) and (g) of clause 3 are as follows:

(3.) Pursuant to the policy of regularisation laid down in this letter of 31/1/1991 the respondents were absorbed in regular service with effect from 30/8/1991. The order absorbing these four respondents in regular service clearly sets out that their seniority in the grade of tracers will commence from the date of their regularisation. Clause 3 of this letter further provides that service rendered on casual basis prior to appointment in regular establishment shall not be counted for the purpose of pay fixation etc.