LALITA Vs. UNION OF INDIA

JUDGEMENT

(1.) The grievance of the applicant, who has filed this application under Section 19 of the Administrative Tribanals Act 1985. is that the respondents have not regularised her services w.e.f. <PG>153</PG> 19-12-1988 despite the Fact that she bad been granted temporary status. She has also claimed arrears of pay and allowances for the period from 5-5-86, when she was granted temporary status by order dated 17-8-1988.

(2.) The applicant was appointed as a Water woman/Casual Labourer on 26-4-1984 in the grade of Ra. 750-950 under Jhansi Division of the Central. Railway, under Chief Reservation Supervisor, Running Train Reservation, IRCA. New Delhi. By letter dated 24-4-1985, Running Train Reservation Control (Central Railway) having their officer in I.R.C.A. Building, State Entry Road, New Delhi, was sanctioned a permanent post of Waterman to serve drinking water to the staff employed under its control. To consider her suitability fur appointment as permanent Waterwoman, the applicant was directed by the respondents to undergo a physical fitness medical test which was conducted by the Divisional Medical Officer, Central Railway, Jhansi. She was declared fit for appointment as Waterwoman. She had been working in that capacity during the summer season every year from 1984 to date. She had been given the benefits of C.P. scales w.e.f. 19-12-1988 and she had been enjoying all the benefits of regular Group 'D' employees such as medical facilities, railway passes, etc. She has, however. not been regularised in the post of Waterman which already exists.

(3.) The respondents have stated in their counter-affidavit that being a Casual Labourer, she is not entitled to be regularised. She has been employed only on seasonal basis for summer season, and that she is not entitled to regular appointment. There if, however, some contradiction in the stand of the respondents. At one place in the counter-affidavit, it has. been stated that "regular payment is being paid to her since granted regular status", that "she has been granted monthly-rated status therefore, her payment is being passed Rs. 750 in grade of Rs. 750-940 (R P S ), that -increment is given after completing the regular period of one year", and that "screening for regular appointment is being done after preparing seniority list of casual labourers". (Vide para 4. v, 4. xxi, 4. xii and xiii) At another place, the respondents have stated that "She is also not entitled to get other facilities, i e., medical facilities, pass etc., which arc given to regular employees", and that "Since she is not regular monthly rate casual labour, therefore, the Discipline & Appeal Rules, 1968 11 not applicable toher. (Vide para 4, v and 4. vii).