JASWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a group of nine Writ Petitions under Article 32 of the Constitution raising the questions as to whether the petitioners are employees of the Central Government; if so, whether their conditions of service are governed by rules which apply to temporary employees of the Central Government; and lastly, whether the orders of retrenchment proposed or passed against them are violative of Article 14 and 16 of the Constitution.

(2.) There are in all 542 petitioners in Writ Petitions Nos. 3598, 4369, 4423, 4376 and 4391 of 1978. This group consists of Engineers, Overseers, Teachers. Sub-divisional Clerks. Clerks, Accounts Clerks; Time-keepers, Research Assistants, Store-keepers, Meter Readers. Draughtsmen, Tracers and Steno-typists. In these five Writ Petitions order of retrenchment were proposed to be passed against the petitioners but those orders have been stayed by this Court during the pendency of the Writ Petitions. In Writ Petition No. 565 of 1979, there are 158 petitioners amongst whom are Shift Engineers, Line Superintendents and Sectional Officers. The 375 petitioners in the remaining three Writ Petitions Nos. 4505, 4536 and 4658 of 1978, are work-charged employees. The petitioners in these three Writ Petitons have already been retrenched. They are industrial employees and there is an Award of 1974 by which their rights have been adjudicated upon.

(3.) We will deal with the petitions of work-charged employees separately. Their cases stand on an altogether different footing from those of other employees. Our reference to the 'petitioners' immediately hereinafter will mean petitioners other than work-charged employees.