YOGENDER PRASAD Vs. STATE OF MANIPUR

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has been seeking direction to the respondents for absorption/ redeployment of the petitioners as LDCs on regular basis, preferably at New Delhi, Manipur Bhawan-I or II against the available vacancies, otherwise at Manipur Office, Imphal and allow the petitioners regular pay scale of LDCs.

(2.) The say of the petitioners is that the petitioners were appointed to work as LDCs in Lottery Section of the respondents at Manipur Bhawan-I Government of Manipur, New Delhi on a consolidated pay/daily wages; that the petitioners were issued a regular order to appoint them as LDCs in this Lottery Department at Manipur Bhawan, New Delhi from 19.12.1996 and 31.8.1996 respectively at Rs. 80.00 per day; that the appointment of the petitioners have been extended from time-to- time for a period of six months on one-go and have been in continuous service for 2 to 3 years; that the last order extending the petitioners' services is for the period from 2.4.1999 to 30.9.1999; that the respondents closed the Lottery Section and have decided to terminate the services of the petitioners; that the decision to terminate the services of the petitioners is illegal and violative of the statutory rules regarding CCS (Re-Deployment of Surplus Staff) Rules, 1990; that the respondents have decided to open Manipur Bhawan-II at New Delhi for which new posts including those equivalent to LDCs have been created. Thus, according to the petitioners, the services of the petitioners cannot be terminated and on closure of Lottery Section, the petitioners are required to be absorbed in Manipur Bhawan-I or II as LDCs against existing/newly created vacancies.

(3.) The respondents filed affidavit in reply inter alia contending that the petition is not maintainable as the petitioners do not have any vested right to be absorbed as there is no sanctioned posts against which the petitioners are to be absorbed; that the petitioners were engaged temporarily on casual basis to assist the Ticket Examiner posted in Delhi in the conduct of lottery draws; that in Delhi, lottery draws are not being held now and the services of the petitioners are no longer required and the petitioners are not entitled to automatic absorption as LDCs merely because their servicewere engaged intermittently for few months.