MOHAMMAD GHANI Vs. NATIONAL GEOPHYSICAL RESEARCH INSTITUTE

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the central Administrative tribunal, Hyderabad bench, in OA No. 175 of 1990 dated 22/2/1993. The appellants were working as casual workers continuously for more than 15 years under the first respondent. They were paid not even the minimum of the pay scales prescribed by the government for a regular employee. After the judgment of this court in Surinder Singh v. Engineer-in-Chief, CPWD the 2nd respondent in his office memorandum dated 15/4/1988 passed an order giving the appellants the wages of regularlyemployed workers in the corresponding cadre without any increment from 1/1/1986.

(2.) Subsequently, the Union government by an order dated 7/6/1988 reviewed the policy of recruitment of casual workers and persons on daily wages and fixed the daily wages of the casual workers at the rate of l/30th of the minimum of relevant pay scale plus appropriate DA. The 2nd respondent-Director on receipt of the policy decision of the Union of India by another OM dated 20/2/1990 modified his earlier OM dated 15/4/1988 and held that the casual employees should be paid the minimum of the pay scale of a regular employee only from 7/6/1988. Consequent to that, the 2nd respondent also directed recovery of the excess amount paid from 1/1/1986 to 6/6/1988.

(3.) Aggrieved by that, the appellants moved the tribunal for quashing the order of the first respondent dated 20/2/1990.