UNION OF INDIA Vs. AJAY KUMAR

JUDGEMENT

(1.) IN all these writ petitions Union of India is the petitioner. Though the respondents in all these cases are different and had filed separate OAs before the Central Administrative Tribunal and all those OAs are also allowed by the tribunal by passing different orders, the question of law which was raised before the Tribunal and before us in these writ petitions is common. All these petitions were, accordingly, clubbed together for hearing. Therefore, we propose to dispose of all these petitions by this common judgment. Of course, after we deal with the common issue, one additional issue which arises out of one of the writ petitions would be dealt with thereafter. For the sake of convenience, we make take note of the facts as they appear in WP (C) No. 14247/2006.

(2.) THE Central Government formulated a scheme on 10. 9. 1993 for grant of temporary status to daily wagers. This scheme, inter alia, stipulated that a daily wager who worked for 240 days in two years shall be conferred temporary status, which would be without reference to the creation/availability of the regular Group D post and engagement will be on daily rates pay on need basis. It is not necessary to give the details of the said scheme as we are not concerned with that aspect. What is important for us is that the respondents, who are 124 in number, were granted temporary status under the said scheme. On the grant of the said status, which was the result of directions given by the tribunal in OAs filed by them and which order was upheld till the Supreme Court, the respondents started getting DA, HRA, CCA, etc. In terms of the DOPT"s office Memorandum, the contribution towards GPF was also being deducted on completion of three years continuous service, as is done in the case of Group D employees. They were also given all kinds of leave and holidays as admissible to temporary employees. They were also given the benefit of counting of service for the purpose of pension, Central Government Employees" Insurance Scheme, GPF, medical Aid, LTC and all allowances admissible to Group D employees. In this manner, the respondents herein were treated as temporary employees in Group D with regular pay scale and all the benefits which are admissible to such employees. They were also contributing towards GPF, as mentioned above. The exact benefits under the Scheme of 1993, as contained in para 5 of Appendix attached to the said Scheme, are as under :-

(3.) HOWEVER, The DOPT issued another OM dated 26. 4. 2004 which pertains to the introduction of "new Pension Scheme " Modification of Scheme for Grant of temporary Status". The operative portion of the Scheme is as under:-