KWAN WANNIANG Vs. REGISTRAR, NORTH EASTERN HILL UNIVERSITY

JUDGEMENT

(1.) Petitioner admittedly has been engaged as casual labourer in the Estate (Maintenance) Cell, NEHU, Shillong @ 1/30th of the minimum pay scale of Rs. 750-12-870-EB-14-940/- plus DA only for eight hours work a day w.e.f. 08.04.1993 to 31.05.1993 as is clear from Order No. F.13- 16(4)/Estt-1/90 dated 10.05.1993 issued by the Assistant Registrar (Estt), North Eastern Hill University, Shillong. The scheme called, "Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993" came into force w.e.f. 01.09.1993. Clause 4 of the Scheme provides that temporary status should be conferred to all casual labourers who are in employment on the date of issue of this Scheme and who have rendered a continuous service of at least one year, means that they must have been engaged for a period of at least 240 days in a year (206 days in the case of offices observing 5 days a week).

(2.) Petitioner claims the benefit of the said Scheme which is declined by the University on the ground that he does not satisfy the requirement of having rendered a continuous service of at least one year.

(3.) The contention of the learned counsel for the petitioner is that the Scheme is a beneficial one that has to be extended even beyond 01.09.1993, similar question has been set at rest by the Hon'ble Apex Court in the judgment dated 29.04.2002 rendered in the case Union of India and Anr. v. Mohan Pal Etc.: Appeal (Civil) 3168 of 2002. In paragraph 8 of the judgment, clause 4 of the Scheme has been taken note of. The said portion of the para wherein clause 4 has been taken note of is advantageous to be quoted: