M T VERGHESE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE prayer in this petition is for quashing the decisions dated 1st October 1987 and 2nd June 1989 of the Mazagon Dock Ltd. (`MDL'), Respondent No. 2, denying the Petitioner pay and allowances granted to other draughtsmen working under Respondent No. 2 and denying due confirmation to the Petitioner with effect from the date when he completed six months' service under Respondent No. 2.

(2.) THE Petitioner was appointed as draughtsman in the Directorate of Naval Design, Naval Headquarters in MDL at New Delhi on 20th May 1981 on a temporary/casual basis for a period of six months. He was given a consolidated salary of Rs. 800 per month. THE Petitioner joined the services of MDL on 3rd June 1981. On 1st July 1982 the Petitioner made a representation to the MDL headquarters at Mumbai that his services should be regularised as he had completed more than one year of service. He thereafter made three similar representations. THE MDL, on 27th July 1984, informed the Petitioner that he had been taken on probation for a period of six months. Inter alia, the Petitioner was informed by the said letter that he would be given a starting monthly pay of Rs. 441 in the scale of Rs. 405 ? 595 and a fixed dearness allowance of Rs. 300 per month linked to the average All-India Consumer Price Index at 433 (1960 = 100). In addition, he was to be paid CCA and HRA that would be applicable at New Delhi, i.e., 6.5% and 15% respectively of basic pay.

(3.) THE above submissions have been considered. It does appear that the making of repeated representations on the issue of confirmation cannot explain the laches in the Petitioner approaching this Court for relief. It was made clear to the Petitioner by the MDL that his confirmation would not be from a date earlier than 1st October 1984. THE appointment in 1981 was indeed on a temporary/casual basis. In the absence of the Petitioner being able to show any rule or regulation that guarantees confirmation from a date during which he was working on a casual/temporary basis, it is not possible to issue a mandamus to the MDL to grant the Petitioner such relief.