SHASHI KANT Vs. UOI

JUDGEMENT

(1.) OVERRULING the decision reported as 2001 (1) SCC 720 Union of India v. Mohd.Aslam, in the decision dated April 28, 2009 in C.A.No.3495/2005 R.R.Pillai (dead) (Through LRs) v. Commanding Officer HQ SAC & Ors., the Supreme Court held that employees of Unit Run Canteens in the Armed Forces are not government employees and thus cannot claim such benefits as could be asked by Government employees. The Supreme Court held that only those persons whose salaries are paid from the Consolidated Fund of India could claim the status of Central Government employees. But the question whether Unit Run Canteens are instrumentalities of the State and in that context what was the status of the employees of the Unit Run Canteen, was left open.

(2.) PETITIONERS seek a mandamus to be issued to the Army Authorities to regularize their services as Grade-IV Civilian Employees of the Indian Army and to be paid wages accordingly. They allege that for distributing rations to the Air Force personnel, an Air Force Officers Ration Distribution System (AFORDS) has been put in place, officer in-charge whereof is a person in the rank of a Squadron Leader. Alleging petitioner No.1 being appointed as a Store Keeper/Distributor of items and petitioners No.2 to 4 appointed to collect and distribute the rations, it is alleged that whereas petitioner No.1 was being paid Rs.1,500/- per month, the other petitioners were paid Rs.1,000/- per month as salary. It was pleaded that recognizing the master- servant relationship between the petitioners and the Indian Air Force, an official accommodation was allotted to petitioner No.1 for which rent was paid by him evidenced by the receipts, Ex.B collectively.

(3.) WE are informed that as of today persons who render services of distributing rations are paid monthly wages of Rs.4,000/-.