NAGINA KUMAR Vs. CENTRAL PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) The petitioner was working as a Peon on daily wages under respondent no.2. He was appointed in that capacity on 8.3.1999. From 1993 onwards till 1995-96 he worked for more than 240 days during the course of each year. He sought grant of temporary status in pursuance of Office Memorandum dated 10.9.1993 issued by Ministry of Personnel, P.G. and Pensions, Department of Personnel and Training, Government of India, regularisation and payment of wages on par with his counter-parts employed on regular basis. He was, however, denied the same. He, therefore, approached Central Administrative Tribunal, Principal Bench, New Delhi with O.A. No.860/97 praying for grant of temporary status regularisation and parity of'wages with peons employed on regular basis.

(2.) The respondents 1 & 2 raised the plea that since the petitioner, who was employed as unskilled worker from 11.3.1993 on daily wages and was being paid from the administrative contingencies, had not rendered one year's continuous service by 10.9.1993 when the Office Memorandum dated 10.9-1993 came into force, he was not entitled to the benefit of temporary status. The scheme, it was pleaded, was meant for casual workers and muster roll workers only and not for daily wagers and, therefore, temporary status could not have been granted to the petitioner. It was maintained that the wages of the petitioner was being rightly paid at the approved rate of Rs-77.40 per day inclusive of payment for weekly days of rest as he was not entitled to payment of wages equal to those employed on regular basis.

(3.) The reliefs sought by the petitioner were declined by the Tribunal and his application was dismissed for the reasons as stated hereunder;