DAROGA THAKUR Vs. DAMODAR VALLEY CORPN

JUDGEMENT

(1.) This writ petition is by three petitioners seeking a mandate upon Damodar Valley Corporation to absorb them in the post of driver against sanctioned posts in which they are working.

(2.) The undisputed facts of the case may be summarised thus. The Damodar Valley Corporation, (hereinafter referred to as the "Corporation") is a statutory Corporation incorporated by and under the Damodar Valley Corporation Act, 1948. Section 7 of the said Act provides that the pay and other conditions of service of the officers and servants of the Corporation shall as respects the Secretary and Financial Advisor, be such as may be prescribed, and as respects the other officers and servants be such as may be determined by the regulations. Section 60 of the said Act empowered the Corporation to make regulations with the previous sanction of the Central Government, by publishing such regulations in the form of notification in the Gazette of India, for carrying out its functions under the Act. The said section as example Specify, inter alia, that such regulations may be made to provide for provisions for making of appointments and promotions of its officers and servants, specifying other conditions of service of its officers and servants and regulating its proceedings and business. In exercise of power so vested the Corporation has made Damodar Valley Corporation (Conduct of Business) Regulations, 1951, Damodar Valley Corporation Service (Conduct) Regulations, 1955 and Damodar Valley Corporation Service Regulations. In Damodar Valley Corporation (Conduct of Business) Regulations, 1951 it has been provided that the business of the Corporation shall be transacted at a meeting of the Corporation to be held ordinarily once a month or by circulation of relevant documents amongst the Chairman, Members and the Financial Advisor or in such other manner as may be determined by the Corporation from time to time. It has also provided the quorum of such meeting. The notice of such meeting, circulation of agenda, keeping of minutes, decision, proceedings etc. By Regulation 11 of the said Regulations the Corporation has been empowered to authorize or to require its officers and servants to do anything necessary for the proper discharge of the functions and business of the Corporation. Regulation 12 of the said Regulations provides that the orders and other instruments made and executed in the name of the Corporation shall be authenticated by the signature of the Secretary, Additional Secretary, Joint Secretary, Deputy Secretary, Under Secretary or Assistant Secretary and all contracts and assurance of property made on behalf of the Corporation shall be executed on behalf of the Corporation by the Secretary, Additional Secretary, Joint Secretary, Deputy Secretary or by such other officer as the Corporation may, in any particular case, authorise in this behalf. In the Damodar Valley Corporation Service (Conduct) Regulations, 1955 the word "employee" has been defined to mean any person appointed to any post in the Corporation, whether borne on the regular or work-charged establishment and includes casual employees. In Damodar Valley Corporation Service Regulations the word "employee" has been defined to mean an employee of the Corporation, other than a casual employee or a member of the work-charged establishment or an employee of the Damodar Valley Corporation Coal Mines not belonging to Class I referred to in Regulation 7 or a person paid from contingencies. Regulation 6 of the said Regulations provides that any matter not provided for in those regulations shall until requisite provisions in that behalf are made in those regulations, be dealt with and disposed of, as far as may be, in accordance with the rules and orders issued from time to time, by the Central Government in relation to similar matters. Regulation 9 of the said Regulations provides the method of recruitment. It says that recruitment to the services of the Corporation shall be made by direct recruitment or by promotion or by borrowing from Government. Regulation 7 of the said Regulations classifies the services in the Corporation in three groups. Regulation 10 of the said Regulations provides the appointments to the posts in 3rd Group may be made by the Head of the Office concerned and in other groups by the Corporation on the recommendation of a Selection Board. The petitioner No. 1 worked as casual driver for 141, 199. 286, 305, 182, 125 and 180 days during the years 1989, 1990, 1991, 1992, 1993, 1994 and 1997 respectively. The petitioner No. 2 worked for 96, 285, 339, 150 and 120 days during the years 1991, 1992, 1993, 1994 and 1995 respectively.. The petitioner No. 3 worked for 138, 168, 147, 189, 276, 313, 312, 199, 110 and 90 days during the years 1986, 1987, 1988, 1990, 1991, 1992, 1993, 1994 and 1997 respectively. From a letter dated January 29, 1998 written by the Chief Engineer of the Corporation to the Director of the Corporation it appears that there are 13 sanctioned posts of drivers for Bus/Truck of which 7 have been filled in and 6 of such posts are lying vacant and that there are 15 sanctioned posts of driver for light vehicles of which 12 have been filled in and three are lying vacant. The Corporation has stated that though there are unfilled sanctioned posts but it has taken a policy decision not to fill up the posts in order to achieve utmost economy in expenditure. In this connection the Corporation has relied upon a Circular issued by its Chief Materials Manager, dated December 2, 1997. The said circular runs as follows: Office Circular Sub: Guidelines for hiring of all types of vehicles in DVC

(3.) Although in the affidavit-in-opposition it has been stated that the petitioners were engaged temporarily to meet the urgent need but what were those needs have not been explained. The petitioners therefore, were work-charged employees. They were temporary casual employees.