MASAN ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this bunch of writ petitions, petitioners are assailing the validity of decision taken by respondents cancelling the order by means of which petitioners, who were full time sweepers, working under G.M.T.D. Mirzapur, were regularized as regular majdoors, have been reverted to their original cadre of full time sweeper/casual labourer and further action of directing recovery of the amount which has been paid in excess to each one of petitioners.

(2.) BRIEF background of the case is that each one of petitioners had been performing and discharging duties as part time casual labourers/ sweepers. Policy decision was taken by Department of Telecom on 29.9.2000, mentioning therein that Employees Unions were demanding regularization of all the casual labourers and this issue was under consideration for quite sometime and in this background, decision had been taken to regularize the services of casual labourers working in the Department, including those, who had been granted temporary status with effect from 1.10.2000. Relevant extract of said scheme dated 29.9.2000, giving the order of regularisation and scheme to be adhered to is being quoted below :

(3.) REQUISITE steps were undertaken in this direction and thereafter each one of petitioners, who were working as part-time casual labourers, were converted into full time casual labourers and requisite letter in this respect was issued by General Manager, Telecom district Mirzapur on 10.10.2002. Decision was taken on 23.1.2006 that all those part time casual labourers, who had been converted into full time casual labourers, qua them proceedings be undertaken for extending the benefit of regularization against Group 'D' vacancies. REQUISITE direction was issued in this behalf by General Manager, East Circle, Lucknow alongwith communication dated 23.1.2006 sent by the office of the Chief General Manager, Telecom, U. P. Lucknow. List was also appended therewith. In the said letter it was categorically mentioned that directives were issued for undertaking requisite exercise and for verification of records. As against sanctioned strength of 116 regular majdoors, only 64 had been functioning as on 31.3.2006, as such there was shortage of 52 regular majdoors. Thereafter letter dated 17.5.2006 was sent by the office of the General Manager, Telecom, U. P. Circle, Lucknow, asking therein to forward the list after extending the benefit of regularization. Thereafter, requisite exercise was undertaken pursuant to said letter and on 20.7.2006, General Manager, Telecom district Mirzapur issued letter of regularisation qua each one of petitioners converting them from casual labourers to regular majdoors. Pursuant to said order requisite fixation of pay was done, and petitioners were paid their salary accordingly. Thereafter, impugned order has been passed qua each one of the petitioners.