SHARDA DEVI Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) A Letter received by the Supreme Court came to be registered as W.P.(C) No.1276/1986. The letter brought out that daily rated employees/casual workers were appointed by the various Ministries, attached and subordinate offices of the Government of India and for years together a fixed daily wage was paid which was less than even half the amount which was being paid to regular employees performing same job. It was pointed out to the Supreme Court that no holidays were given; no medical facilities were given; the women were denied maternity benefits.

(2.) Various directions were passed by the Supreme Court resulting in a 'Casual Labourers (Grant of Temporary Status in Regularization) Scheme 1989' being framed as per which it was notified that casual employees would be paid salary in the minimum of the applicable scale without any increments and upon acquiring temporary status would be entitled to weekly off; maternity leave etc. and additionally would be entitled to grant of increments each year. But the scheme did not envisage payment of any gratuity or pension unless the employee who acquired temporary status was regularized.

(3.) Husband of the writ petitioner, Late Ram Richpal, was employed as a casual chowkidar on February 01, 1978 by the Director General of Posts and Telegraph i.e. the Ministry of Communication and was accorded temporary status on November 29, 1989. He died in harness on December 25, 2006 and by then had put in 28 years service out of which 18 years service was as Temporary Status Group 'D' Employee. Petitioner made a request for family pension to be paid which was denied.